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  • The Concept of the State in Islam

    Translated from Arabic distributed widely in the Muslim world 13th Thil-Qi’dah 1415h, 13th April 1995.

    The Islamic state

    In Arabic, the word Al Dawlah means linguistically the “Ghalaba”, i.e. the supremacy, it is also a term used to indicate the change of time; it is also said: The days have alternated or rotated, i.e. they have changed; or Allah (swt) alternates it between people etc. States change and vary according to the change of concepts, the change of times and the change of peoples. The State is a word of terminology which refers to an authority that commands and prohibits a group of people who live in a certain piece of land. However, the definition of the state differs due to the difference of viewpoints and nations towards its reality.

    The westerners for instance, despite the different viewpoints they hold towards the reality of the state and towards the type of rule within the state, whether this were religious, as was the case in the medieval times, or dictatorial or democratic, all agree that the state is reflected in the land, its peoples and its rulers, and that these three represent the cornerstones of the state. To them, the state is established over a specific peace of land, in which a specific group of people live permanently, and over whom a ruling authority presides.

    As for the Islamic state, it is a ruling authority, and a political entity that looks after the citizens’ affairs according to the Shari’ah rules; in other words, it is a Khaleefah ruling by what Allah (swt) has revealed and carrying Islam as a Message to the entire world. Allah (swt) has decreed that the Islamic state should be the method to implement the Shari’ah rules and to carry Islam by way of Da’awa and Jihad as a Message of guidance and light to the whole world.

    The Islamic state does not consider its territory, nor its specific group of people as her cornerstones, although she has to have citizens for whom she runs their affairs, and a piece of land on which she is established; however, her citizens are growing in numbers at all times, and they include different races and colours; also the land over which she rules must not be confined within certain borders, but it must be expanding at all times. This is so because the Islamic state has a universal Message, and because Allah (swt) has ordered her to carry that Message to the whole world, and to invite all people, be they black, white, brown, yellow, Arab, non-Arab, European, American or Russian to Islam, and to enter into the Deen of Allah (swt). Therefore, any race and any people, who respond to the call, and believe in Islam, would become part of the state’s subjects, and their land becomes part of her land. Also, any land which the Islamic state carries the Message to and conquers by way of Jihad, that land becomes part of her land and under her authority and her rule, even if its people did not embrace Islam.

    The state as it stands, is born out of new thoughts on which it bases itself; the authority in the state changes when these thoughts change once power is seized. For when the thoughts turn into concepts and convictions, one’s behaviour is affected, and he becomes fashioned by these concepts, thus his viewpoint vis-a-vis life would change, and consequently his viewpoint towards relationships and interests change as well. The authority is established in order to look after the people’s affairs, relationships and interests.

    The Islamic state was established by the Messenger of Allah (saw) as soon as he set foot in Madinah, after he had taken the second pledge (Baya’a) of Al-Aqaba from the Ansar, a pledge of protection and war, and a pledge to hand the authority in Madinah to the Messenger of Allah (saw). The birth of the Islamic state was the result of a new Aqeeda and a host of new concepts adopted by those who believed in him (saw); these concepts generated in his followers a new viewpoint about life, which in turn changed their viewpoint towards relationships and interests.

    The Messenger of Allah (saw) built the Islamic state in Madinah on the basis of this Aqeeda, and on the concepts which emanated from it, despite the fact that the verses of legislation had not been revealed yet. She was therefore a new state, built on a new Aqeeda, and on a host of new thoughts and concepts.

    The Islamic state is unique in her nature, her structure, what she stands for and the basis on which she is built. She is completely different from the nature and the structure of all the existing states in the world. She is a state founded on the Islamic Aqeeda, the Aqeeda of “There is no god but Allah, Muhammad is the Messenger of Allah”, which is a comprehensive thought about life, and according to which and to the concepts which emanated from it, the Muslims viewpoint about life has been determined; this viewpoint leads to the belief that life is created by a Creator, and that it is conducted by the commands and prohibitions of the Creator. For the Muslims, it is a foregone conclusion that there is no legislator but Allah (swt),and that there is no sovereignty in this life and in this Islamic state except to the rule of Allah (swt), not to the Ummah, nor the people, nor the ruler. Sovereignty is rather to the law of Allah alone.

    Therefore, the Ummah and the ruler alike, have no mandatory powers to legislate any rule or any system or any law other than that revealed by Allah (swt) upon His Messenger (saw). Even if the Ummah were to commonly consent on legislating any rule that contradicts one of the Islamic rules, her consent would have no value whatsoever. So, if for instance, the Ummah were to consent on legalising Usury, under the pretext that the economy and the trade could not prosper without it, or if the Ummah were to consent on legitimising sexual relationships outside marriage, under the pretext that it is personal freedom, or if she were to prohibit the killing of the apostate from Islam, under the pretext that his killing would violate human rights, or if the state was to consent to have more than one doctrine or belief as a state or the succession to power of Muslims or even secular parties under the pretext of democracy, all these types of common consensus, if they ever took place, wouldn’t have any consideration whatsoever, for they contradict the Islamic rules, the sovereignty of Shari’ah, and the belief that Allah is The Only Legislator, and not humans.

    The fact that the Islamic Aqeeda acts as the basis of the Islamic state, means that there is no place for anyone, be they rulers, judges, intellectuals, politicians, members of the Shura council, Ummahs council or parliamentarians to legislate any rule in order to organise people’s relationships, nor to adopt a constitution, or to adopt a system, or enact a state law to be implemented by the rulers in the Islamic state, if these were other than what Allah (swt) has revealed. It is also forbidden for the rulers to force people or even give them a choice in following systems and laws laid down by humans in order to run their affairs.

    When the Khaleefah according to his mandatory powers adopts a constitution or a system or a law, he must take these from the Book of Allah (swt) and the Sunnah of His Messenger (saw), by way of either his own Ijtihad (exertion) or that of the Muslim jurisprudents and learned scholars. This necessitates that the Islamic state’s constitution, her systems and laws be taken from what Allah (swt) revealed to His Messenger (saw), i.e. taken from the Book of Allah and the Sunnah of His Messenger, and what they may guide to from the Qiyas (analogy made on Shari’ah texts) and the general consensus of the Sahaba.

    It is therefore forbidden for the Islamic state to nurse any thought or to hold any concept, rule, constitution, law, or any criterion which does not emanate from the Islamic Aqeeda, and which is not derived from the Book of Allah and the Sunnah of His Messenger, or from a legitimate Qiyas or from the general consensus of the Sahaba. So it is therefore forbidden for the Islamic state to adopt the democratic way of life and the ruling systems democracy calls for, such as a multiplicity of beliefs, the succession to power of Muslims or those of secular belief, or the various types of freedoms, for all these do not emanate from the Islamic Aqeeda, nor are they taken from the Shari’ah rules, apart from the fact that they all contradict the Islamic rules. It is forbidden as well to have in the Islamic state any consideration to the concepts of nationalism, patriotism or autonomy (separation), because these concepts do not emanate from the Islamic aqeeda, and they all contradict Shari’ah rules, apart from the fact that the Islamic rules have abhorred and prohibited them and warned against adopting them. Furthermore, it is forbidden for the Islamic state to hold any monarchical, republican, dictatorial imperial concepts, for these do not emanate from the Islamic Aqeeda, and they are not taken from the Shari’ah rules, beside the fact that they contradict the Shari’ah rules.

    Allah (swt) has commanded all the Muslims, including the rulers, to abide by Islam and to comprehensively implement all of its rules exactly as they have been revealed; Allah (swt) says:

    “Do take all that the Messenger of Allah has brought to you, and do refrain and keep away from all that he prohibited for you, and fear Allah for Allah is swift in punishment” [TMQ 59:7]

    The Arabic word “Ma” in the verse is a form of generality, thus it indicates the obligation of acting upon all the duties, and to refrain from all the prohibitions. The request of taking and refraining in the verse is decisive and it is obligatory, because there is a conjunction acting as evidence about this at the end of the verse where Allah (swt) orders us to be pious and warns us against the severe punishment awaiting those who do not take all that the Messenger (saw) has brought and do not refrain from all that he (saw) prohibited.

    Allah (swt) has also ordered His Messenger (saw) to rule by what He revealed; He (swt) says:

    “And rule between them by what Allah has revealed” [TMQ 5:49]

    This is a decisive command from Allah (swt) to His Messenger and to all the Muslim rulers after him, to rule by all the rules that He (swt) has revealed, whether these were commands or prohibitions, for again the word “Ma”” in the verse indicates the form of generality, thus it engulfs all the revealed rules.

    Allah (swt) has also forbidden His Messenger, as well as all the Muslim rulers after him, from following people’s whims and submitting to their desires, for He (swt) says:

    “And do not follow their vain desires” [TMQ 5:49]

    He (swt) has also warned His Messenger (saw) and all the rulers after him against falling for people’s corruption and against being lured away from implementing what Allah (swt) has revealed to him. Allah (swt)has described he who rules by other than what He revealed as being a disbeliever if he were to believe in what he ruled by, or if he were to believe in the invalidity of what Allah (swt) has revealed. He (swt) says:

    “And whoever does not rule by what Allah has revealed, they are the disbelievers” [TMQ 5:44]

    He (swt) described he who rules by other than what He revealed, without believing in what he rules by, as a fasiq (rebel) and dhalim (wrongdoer).

    The implementation of the Islamic rules must be complete, comprehensive and simultaneous, not gradual, for the gradual implementation flagrantly contradicts the Islamic rules, and this would render he who does not implement all of Allah’s rules, or he who implements some and ignores some of the rules, a disbeliever if he did not believe in the validity of Islam, or if he did not believe in the validity of even some of the Shari’ah rules which he had ignored; it would also render him a rebel and a wrongdoer if he were not implementing all of the Islamic rules but he still believed in the validity of implementing Islam.

    Therefore, there should be no complacency in the implementation of all the Shari’ah rules, nor should there be any gradual implementation of the rules, for there is no difference between one obligation and another, nor is there a difference between a prohibition and another, nor between a rule and another; the rules of Allah (swt) are equal and they must all be all implemented without any delay, postponement or graduation, otherwise the following verse would apply to those who do so. Allah (swt) says:

    “So do you believe in some part of the Book and disbelieve in some. The penalty awaiting those who do this is nothing but humiliation in this life and the severest of punishment on the day of Judgement. For Allah is aware of all you do” [TMQ 2:85]

    Therefore, there is no excuse for not implementing all of the rules of Islam; pretexts such as the inability to implement the Islamic rules, or the absence of the appropriate circumstances, or the fact that the world public opinion is against the implementation of Shari’ah, or that the superpowers do not allow us to implement it, or any other trivial excuses that have no value whatsoever, are unacceptable.

    The Islamic state is a human state and not a holy one, and the Khulafa’ and Imams who run her are human beings, they have no holiness nor infallibility. It is the Ummah who appoints them and not Allah (swt), for Allah has ordained the authority i.e. the rule to the Ummah, and He (swt) has delegated the appointment of the Khaleefah to her by the Baya’a (pledge of allegiance), so that he undertakes the rule and the authority on her behalf. Abdullah Ibn Amr Ibnul A’as reported: I heard the Messenger of Allah(saw) say: “Whoso pledged allegiance to an Imam giving him the clasp of his hand and the fruit of his heart shall obey him as much as he can.” Abdullah Ibnu Omar reported: I heard the Messenger of Allah (saw) say: “And whoso dies while there was no allegiance on his neck dies a death of the days of ignorance.” The Khaleefah implements the Shari’ah rules on behalf of the Ummah, and he who resumes the post of the Khaleefah would be entrusted with all the mandatory powers of rule and authority, and he would reserve the right to adopt the systems, laws and rules. He who undertakes the post of Khaleefah would merely be a human, it is possible that he could err, forget, lie, betray or rebel, he would not be infallible, for infallibility is exclusive to the Prophets and Messengers.

    The Messenger of Allah (saw) has informed us that the Imam, who is the Khaleefah, can make mistakes, and he could commit an injustice or a sin, which would make people hate him for it, or curse him; he (saw) informed us that he may commit flagrant disbelief. All this contradicts infallibility and negates that the Imam and Khaleefah could be infallible. Muslim reported on the authority of Abu Hurayra that the Messenger of Allah (saw) said: “Behold, the Imam is but a shield from behind which people fight and by which they protect themselves”. Muslim also reported on the authority of Auf Ibnu Malik that the Messenger of Allah(saw) said: “The best of your Imams are those whom you love and they love you, and who pray for you and you pray for them, and the worst of your Imams are those whom you hate and they hate you and you curse them and they curse you”. Bukhari also reported on the authority of Ubada Ibnus-Samit who said: The Messenger of Allah (saw) called upon us so we gave him the pledge of allegiance. We pledge ourselves to him in complete obedience, in well and woe, in ease and hardship in preference over ourselves, and that we would not dispute with the people in authority; and he (saw) said: “Unless you witness an act of flagrant disbelief of which you have proof from Allah.” These Ahadith serve as a clear indication that the Imam or the Khaleefah can make mistakes, and he can commit a sin, which indicates clearly that the Imam or the Khaleefah are not infallible.

    Therefore, Allah (swt) has ordered the Muslims to hold the ruler accountable; this He (swt) made their right, for the ruler has no holiness, and no infallibility, and because he may make mistakes, and he may commit a sin and even acts of disbelief, despite the fact that he is their representative in rule and authority, and despite the fact that it is them who appoint him.

    Allah (swt) says:

    “And let there arise out of you a group calling to the Goodness, commanding what is right and forbidding what is evil.” [TMQ 3:104]

    When the Messenger of Allah (saw) was asked: What is the best Jihad? He (saw) replied: “A word of truth uttered before a tyrant man of authority.” He (saw) also said: “The master of martyrs is Hamza Ibnu Abdul-Muttalib, and a man who stood up to a tyrant Imam to command him and prohibit him and was killed.” In the Sunan (book of Hadith) of Abu Dawood on the authority of Abdullah Ibnu Mas’ud, the Messenger of Allah (saw) is reported to have said: “No by Allah, you shall command what is right and forbid what is evil, and you shall hold the hand of the oppressor and you shall curb him and confine him to following the truth.” In another narration of Ibnu Mas’ud’s Hadith he (saw) added: “Or Allah shall strike animosity between your hearts and then He shall curse you just like He cursed them.”

    Islam commands us in some cases to go further than just holding the ruler accountable with our tongues, it commands us to take-up arms against the Khaleefah if he showed acts of flagrant disbelief that was not there in the first instance, as mentioned in the narration of Ubada Ibnus-Samit: “And that we shall not dispute with the people in authority”; and he (saw) said: “Unless you witness an act of flagrant disbelief of which you have proof from Allah.”

    O Muslims, this is the Islamic state which Allah (swt) has commanded all the Muslims to establish, and which we invite you to work with us towards establishing, in order to bring about a “Khilafah Rashida” on the method of Prophethood, and realise the goodness in which the Messenger of Allah (saw) said: “And then it will be a Khilafah Rashida on the method of Prophethood”

    Hizb ut-Tahrir
    13th April 1995

  • The importance of thinking about death

    The following is a translated article from Arabic that appeared in al-Waie Magazine.

    The rising of the sun reminds of Sakhr, I remember him at every sunset, If it were not for the number of those weeping around me, for their brothers, I surely would have killed myself, they do not cry for anyone as dear as my brother, but I console myself by weeping for him, for I have said farewell to the day we separated, father of Hassan, with it my pleasures and happiness, how my sorrows go out to him and my mother, for him to awake in his grave and then to rest at night?

    With these phrases and others like them, Al-Khansaa’ mourned the death of her brother, Sakhr, and cried for him until she lost her eye-sight, falling into anguish, disparity and wishing for death. This is how Al-Khansaa’ saw death and this is how she handled it. In the battle of Al-Qadisiyyah, in an honourable stance of life and death, Al-Khansaa’ stood with her four sons and said to them: “You became Muslim and did not apostatise, and you emigrated and did not turn back, then you came to your old mother and placed her in the hands of the people of Persia. You are the sons of one man, as you are the sons of one woman. I did not betray your father, nor did I disgrace your uncle. Go, and be witnesses of the battle from the beginning to its very end.” All four of her sons were martyred, and when the news reached her she said her famous words: “All praise be to Allah, who honoured me with their death. I ask Him, glory be to He, to join me together with them, in the dwellings of his mercy.”

    What changed the picture of death in the eyes of Al-Khansaa’ from ignorance to Islam? Was honour sought from the death of her sons after losing her eyesight due to her crying over the death of her brother? And after the anxiety of death, prayers of meeting them in paradise were made? What change of heart and mind is this? What change is this that can change a human being from one life to another, and from one point of view to another? It is Islam, with its Aqeeda, which made death for a Muslim the meeting of Allah (swt). He (swt) said “Among the Believers are men who have been true to their Covenant with Allah: of them some have fulfilled their obligations, and some of them are still waiting: but they have never changed (their determination) in the least” [Al-Ahzab: 23]. There are the ones who wait and those who were truthful to the promise they made to Allah (swt), but their time has not come yet, so they wait. There are the ones who wait, yes! Waiting as if they are living in this world, remaining patient over it and waiting for their Ajal (decree of death) to come, for them to catch up to their companions, and to meet the countenance of their Lord; and why not wait when they were the ones who were truthful to the promise they made to Allah (swt), and Allah (swt) confirmed this for them and those like them, that they would not turn back and change their determination, so they were the ones who did not turn back and change. Of them are those who have moved on, their Ajal having ended, and there are those who wait for its coming, and prepare them-selves for it. Those who have not prepared for this meeting do not wait for it: “Say: The Death from which you flee will truly overtake you: then will you be sent back to the Knower of all things secret and open: and He will tell you (the truth of) the things that you did!” [Al-Jumu’a:8]. So the one who runs away from death, either does not believe in the meeting of Allah (swt) and wishes to seek the greatest amount of pleasure in this world for as long as he can, and Allah (swt) said, “Until, when death comes to one of them, he says: “O my Lord! Send me back (to life), in order that I may do good in that which I have left behind!” – No! It is but a word that he speaks; and behind them is a Partition until the Day they are raised up. Then when the Trumpet is blown, there will be no more kinship among them that day, nor will they ask of one another! Then those whose scales (of good deeds) are heavy, they are the successful. And those whose scales (of good deeds) are light, they are those who lose their ownselves; in Hell will they abide” [Al-Mu’minun: 99-103], or he is a Believer who is weak in his remembrance of Allah (swt) and the Day of Judgement, thus is heedless of the Akhirah (afterlife), too busy with his world, so when death comes to him, he becomes regretful and sorrowful: “Of no effect is the repentance of those who continue to do evil deeds, until death faces one of them, and he says: “Now I repent” nor of those who die while they are disbelievers. For them have we prepared a painful torment” [An-Nisa: 18]. It was narrated that when death approached Abdul-Malik b. Marwan, he looked to a man washing his clothes near Damascus, twisting his clothes, then slapping them against his washing basin, when Abdul-Malik said: “How I wish that I were a cleaner, eating from the earnings of what my hands have earned day after day, not having desired anything in this world.” When this reached Abu Hazim, he said: “All praise be to Allah, who made them wish for what we have when death approaches them, and when death approaches us, we do not wish for what they have.”

    Dear brothers and sisters: Belief in that the ending of Ajal is the cause of death is a necessity that cannot be separated from it, causing one to be wary of death every second of every moment, and what follows this wariness of readiness and preparation is in line with the belief in the Akhirah, whose doors open upon death, where there is no more work, or Jihad or carrying of the Da’wa. The Messenger of Allah (saw) said to Abdullah b.Umar (ra), “If you awoke in the morning, do not speak to yourself of the evening, and if you reach the evening, do not speak to yourself of the morning. Take from your life for your death, and from your health for your illness, as you, oh Abdullah, do not know what your name will be tomorrow” [Bukhari]. The Messenger of Allah (saw) said, “The clever one is he who disciplined himself and worked for what is after death, and the feeble one is he who followed his desires, then made (vain) prayers to Allah”. And in the Sahih (authenticated) narration of when Jibreel (as) asked the Messenger (saw) about Ihsan, he (saw) said, “To worship Allah as if you see him, and if you do not see him, then he surely sees you”. Belief in death is worthless without the belief in the Akhirah, for death is the beginning of the path to the Akhirah; the everlasting life, the life where fate is decided; either complete bliss, or severe punishment. So whoever feared death and believed that its cause is the ending of Ajal, but did not carefully guard and account himself and did not imagine the Akhirah in a manner that prepares him to travel to it at any moment, will find no effect of his Iman upon his actions in this world, and if he is affected, then this will add up to no more that a few quick moments of guilt, without being followed up with careful guarding and accounting, thus he will very quickly go back to his old ways of disobeying Allah (swt) after the effects of what he saw heard or what reminded him wear off. ‘Uthman bin ‘Affan (ra), in the last Khutba he gave in his life, said: “Allah (swt) gave you this world to request the Akhirah, and did not give it to you for you to rely upon, for this world ends and Akhirah is everlasting. So let not that which ends make you disregardful, nor keep you busy from that which lasts. Choose to seek that which lasts over that which ends, for this world will be cut off and our return is to Allah.” Death reminds us of Akhirah, and there is no better reminder. The Messenger of Allah (saw) said, “Increase the remembrance of that which destroys all desires” [Al Tirmidhi and said the Hadith is Hasan]. And he (saw) said, “If animals knew what the sons of Adam knew of death, you would not have found any fat on them to eat” [Al Baihaqi in “Al Sha’ab”]. Ibn ‘Umar (ra) said, “I came to the Prophet (saw), and I was the tenth of ten men, when a man from the Ansar asked: Who is the most clever and the most honourable of people, Oh Messenger of Allah? He (saw) replied: “Those who remember death the most and work the hardest to prepare for it; they are the clever ones. They have left with the honour of this world and the dignity of the Akhirah” [Ibn Majah (Summarised version) and Ibn Abi Al Dunya (Complete version) – Good chain of narrators].

    ‘Umar b Abdul Aziz (ra), in one of his Khutbas said, “Doubtlessly, for every travel provisions must be made, so provide for your travel to Akhirah with Taqwa (fear of Allah), and be like those who examined what Allah has prepared of rewards and punishments, so that you may desire and fear. And do not delay, as your heart may harden and you may be led to your enemy, for, by Allah, there is no-one who has more expectations than the one who is unaware that he may not awake after he goes to bed, or go to bed after he awakes, even though he may find glimpses of the fate of death between them. How many people have you and I seen in this world who walk about arrogantly, but only those who are confident of their being saved from the Hellfire will have their hearts at ease, and only those who have been protected from the tribulations of the Day of Judgement can be happy, for the one who does not nurture his wounds will only be cut once again from another direction, so how could he be happy? I seek refuge in Allah that I order you to do what I do not order myself, so that I lose my deal (with Allah), and my shame will show, and my weakness will be laid bare on the day that the rich and the poor will be made to show all, and the scales in it are set up. You have been burdened with a task, if the stars were bur-dened with it, they surely would have fallen, and if the mountains were burdened with it, they surely would have melted away, and if the earth was burdened with it, it surely would have been torn to pieces.”

    Every night ‘Umar b. Abdul Aziz (ra) would gather the Fuqahaa’ and remember death and the Day of Judgement and the Akhirah, and they would cry as if a funeral was before them. And it was said that if death were to be mentioned around him, he would shiver like a bird and cry until tears would run down his beard, once cry-ing making the whole house cry with him, and when the moment passed, his wife Fatima asked him: “May my father be sacrificed for you, oh Amir of the Believers, why do you cry?” He said: “I imagined the departure of the people from between the hands of Allah, and saw a group in Paradise and a group in the Hellfire.” Then he cried out and fainted. Death reminds us of the Akhirah, and involves much reminding and careful examination. Al-Hassan (ra) entered a room where a man was reading Qur’an to himself, and said: “The first of this matter (life) is made proper when its end is feared, and the end of this matter is made proper when its first is renounced.” Whoever imagines that his Akhirah may come at any moment must prepare for it the best he can. When Ahmed b. Khadhrawiyyah neared death, he said to his son: “My son, a door that I have been knocking at for 95 years is about to be opened upon me this hour, and I do not know if it holds for me happiness or misery.” And it was narrated that one of the pious Muslims was approaching his death and his wife began crying, so he asked her: “What makes you cry?” She said: “I cry for you.” He said: “If you wish to cry, then cry for your-self, for I have cried over this day for 40 years.” Do you see, my brothers, how it is if you have a long journey ahead! Would you disregard preparing for it and making yourself ready? If you did this, then you fall under one of these two categories: Either you do not really care about the trip, nor worry about it, nor do you give it any value whatsoever; or you are heed-less, as time means nothing to you. Death is a reality which we all believe in its coming, a belief that meets no doubt whatsoever. And at every passing day we come one day closer to death. So whoever reaches thirty years of age has come thirty years closer to death, and who-ever reaches sixty years of age has come sixty years closer to death, and so on. Who amongst us has prepared to travel at any moment… now… or in a short while… or tomorrow… or after it…? You only have two types of breath, one inhaling and one exhaling, and you do not know which one will take out your soul. Oh, Allah, we beg for your mercy and for peace on the day that we meet you.

    Death is a reminder, which is followed by careful accounting and guarding, as Al-Rabee’ b. Khaytham had dug a grave in his house, so that if he found hardness within his heart, he would enter it and lay down for as long as Allah wished and read: “O my Lord! Send me back (to life) in order that I may work righteousness in the things I neglected” repeating it, then he would reply to himself saying: “Oh, Rabee’, here, you have been returned, so work.” Remembrance is not crying and wailing and blaming one’s self when one is on the brink of death, or attending a funeral or visiting graves alone. Rather, remembrance of death is when a believer imagines that he will meet his Lord at any moment, and his actions will be cut off, as will his ability for repentance. So he will be aware of himself, careful to obey Allah (swt), wary of his Lord every second of his life. Anas (ra) said: I overheard ‘Umar b. Al-Khattab (ra) as he entered upset, and there was a barrier between us, saying: “Oh, ‘Umar b. Al-Khattab, Amir of the Believers, bravo! By Allah, Oh, son of Al-Khattab, you better fear Allah, or he will punish you.” And Abu Bakr Al-Siddiq (ra) said: “Whoever detests himself before Allah (swt), Allah will protect him from His anger.” Accounting one’s self and guarding it from mistakes is how a believer saves himself from the punishment of Allah (swt), preparing himself so that he may meet Allah (swt) obedient and in submission, committing himself to what Allah has ordered him, not getting tired, or compromising or giving up, rather treading the path of Allah (swt), withstanding the trials of the world and its disasters, renouncing what the created have to offer, seeking what the Creator has to give.

    The Messenger of Allah (saw) read the verse: “Those whom Allah (in His plan) wishes to guide, He opens their breast to Islam.” [Al-An’am:125] and said: “If the Nur (light) enters into the breast, it widens.” Then someone asked: Is there a visible sign of that, Oh, Messenger of Allah? He said: “Yes, increased renunciation of the dwelling of vanities (Dar Al-Ghurur), and the desire for the everlasting dwelling (Dar Al-Khulud), and preparation for death before its’ time.” [Al Haakim in “Al Mustadrik”] And Al-Saddi (ra) said: “He (is the one) who created Death and Life, that He may try which of you is best in deed” [Al-Mulk: 2], meaning those of you who remember death the most, and the best of you in preparation, and who are most cautious and fearful of it. Have you, my dear brother or sister, examined what Allah (swt) has enjoined upon you, firstly, as a Muslim and secondly, as a carrier of the Da’wa? Have you asked yourself if you have put forth the deserved effort, or have you been negligent in its undertaking? Have you realised that you are of the most burdened, and of the most responsible, and you are the most needy of people, in this day and age, of accounting yourself and subduing it to what Allah (swt) has enjoined upon it of actions, and to what your back has been burdened with of responsibilities?

    Have you realised, my brother, as you contemplate death, and remember the Akhirah, and cry, fearing the punishment of the Hellfire, and work, desiring the pleasures of Paradise; have you realised that what you have of enlightened thought, and precise understanding, and sincere awareness will not make you an oblivious Sufi or an ignorant Darweesh, or someone stuck in a corner with only the pillars and corners of Islam, crying and moaning? No, and it is not acceptable of you to do so, either. Rather you should be a carrier of the Da’wa, who sold his soul to Allah (swt), a political leader who cries upon hearing an Ayah, and a special moment can agitate his emotions.

    Did you not know that the Messenger of Allah (saw) was the most fearful of the people, and cried the most? Abu Bakr Al-Siddiq (ra) once said to him: “Your hair has become grey, Oh, Messenger of Allah.” So he (saw) said: “[Surah] Hud and its sisters have made my hair grey: Al-Waqi’a, ‘Amma Yatasaa’alun and Itha Al-Shamsu Kuwwirat.” And it was narrated by Ibn Najjar, of Ibn ‘Umar that the Messenger of Allah (saw) overheard a reader reading: “With Us are Fetters (to bind them), and a Fire (to burn them)” [Al-Muzammil: 12] and he (saw) fainted. And it was narrated that when he (saw) was travelling to Makkah to liberate it, and the Muslims were fully prepared and armed, he (saw) saw a lark flying above his head, crying out, so he (saw) cried and said, “Who upset her by taking away her son? Give back her child.” When Allah revealed, “Do you then wonder at this recital? And will you laugh and not weep?” [An-Najm: 59-60] the people of Al-Suffa cried until the tears ran down their face, and when the Messenger (saw) heard this, he cried with them, causing the rest of the Companions to cry along with him, then he (saw) said, “The one who cries from fear of Allah will not be made to walk through the fire, and the one who insists on disobedience will not enter Paradise, and if you did not commit sins, Allah would bring another people who would commit sins, so that he may forgive them” [Al Baihaqi].

    Did you not know that ‘Umar b. Al-Khattab (ra), due to his strong stance upon the truth and his nerve, as well as the strength of his courage, would drop at the hearing of an Ayah and would be streaming tears whenever he was reminded of the afterlife; and on his ring he had engraved: “Death is enough of a reminder, oh Umar”. Did you not know that one of the Companions said of Abu Bakr Al-Siddiq, “If you saw him as he was preparing the armies, you would think that he does not depend on Allah whatsoever, and if you saw him as he prayed profusely to Allah for victory, crying and weeping, you would say: This man has not prepared a single thing, at all.” Have you not heard the saying of Allah (swt), describing the best of His creation, “Muhammad is the Messenger of Allah; and those who are with him are severe against disbelievers, and merciful amongst each other. You see them bowing and falling down prostrate (in prayer) seeking bounty from Allah and (His) Good Pleasure. On their faces are their (visible) marks, (being) the traces of their prostration. This is their description in the Taurat; and their description in the Injeel: is like a (sown) seed which sends forth its blade, then makes it strong; it then becomes thick, and it stands straight on its own stem, (filling) the sowers with wonder and delight, that it may enrage the disbelievers with them. Allah has promised those among them who believe and do righteous deeds, forgiveness, and a mighty reward.” [Al-Fath: 29] These are the leaders who established Islam and fought in the way of Allah (swt) until they met their Lord. As Ali bin Abi Talib (ra) said, describing them: “By Allah, I have seen the companions of Muhammad (saw), and I do not see anyone here today any-thing like them. They would awake ruffled and dirty, between their eyes what is similar to those who ride goats, for they have spent the night prostrating and praying, reading the book of Allah (swt), moving from their face to their feet, and when they awoke, they would mention Allah, the Most High, swaying like a tree would on a windy day. Their eyes have cried until their clothes have been soaked, and by Allah, it was as if that evening the people had been put to sleep.”

    Abu ‘Ubaydah Al-Baji said: “We entered upon Al-Hassan while he was ill, the illness which he died from, and he said: Greetings to you and welcome. May Allah greet you with peace, and may He make the everlasting dwelling (Paradise) lawful for you and I, if you are patient, and truthful and god-fearing. So do not make your share of this information, may Allah have mercy upon you, that you take it in one ear, while it goes out the other, for whoever saw Muhammed (saw), saw him coming and going, and he did not simply lay brick upon brick, or straw upon straw, rather knowledge was raised up to him, so he embarked upon it. Al-Wahi, Al-Wahi (the revelation, the revelation), to be delivered, to be delivered. Allah has blessed a slave with his mercy who lived life as it were once, so he ate little, and wore tattered rags, stuck to earth and exhausted himself in worship, crying when he made a mistake, fleeing from punishment and seeking His mercy, until his time comes and he is in that state.” [Ibn Habban in “Al Thuqaat” and Abu Na’eem in “Al Hilya”]

    This world, brothers and sisters, and what it has of pleasures and trials can make a Believer busy, no matter how measly the pleasures, and how insignificant the trials. They will keep him busy if he accepted them, and allowed them to keep him busy. Allah (swt) says, “Know that the life of this world is but play and amusement, pomp and mutual boasting and multiplying, (in rivalry) among yourselves, riches and children. It is as the likeness of vegetation after rain thereof the growth is pleasing to the tillers; soon it withers; then you will see it grow yellow; then it becomes dry and crumbles away. But in the Hereafter is a severe torment (for the disbelievers – evildoers). And forgive-ness from Allah and (His) Good Pleasure (for the believers – good doers). And what is the life of this world, but a deceiving enjoyment? Race one another (in seeking) Forgiveness from your Lord, and a Garden (of Bliss), the width whereof is as the width of heaven and earth, prepared for those who believe in Allah and His Messengers: that is the Grace of Allah, which He bestows on whom He pleases: and Allah is the Lord of Grace abounding.” [Al-Hadid: 20-21]

    Death is no more than the truthful companion who continues to remind the Believer of his Akhirah, and as long as a Believer remembers his Akhirah and acts accordingly, then he is heading in a good direction and he will live his life in a state of remembrance and preparation for it. This is why the Messenger of Allah (saw) stressed the remembrance of death and to pre-pare for it, as he stressed the visiting of graves and praying for peace upon them, as it is the best admonition and the best of reminders. Abi Tharr (ra) said The Messenger of Allah (saw) said: “Visit the graves, as it will be a reminder of the Akhirah, and wash the dead, as taking care of an empty body is an outstanding admonition, and pray over the Jana’iz (funerals), as it may sadden you, for the sad one is in the shade of Allah” [Ibn Abi Al Dunya and Al Haakim -Good chain of narrators]. And Ibn Abi Mulaykah said, The Messenger of Allah (saw) said: “Visit your dead and pray for peace upon them, for there is an admonition for you in it” [Ibn Abi Al Dunya – Good chain of narrators]. It has been narrated of Abu Hurairah that if he saw a funeral, he would say: “Move on, for we are to follow.” And Al-Dhaahik said: A man once said: Oh, Messenger of Allah, who is the most Zaahid (abstinent) of people? He (saw) said: “He who does not forget the grave and abandoned the luxuries of life, seeking that which lasts above that which ends, not counting yesterday as one of his days, and counted himself amongst the people of the graves”.

    In the Messenger of Allah (saw) we have a beautiful pattern of conduct to follow, and in the honourable companions we have integrity of conduct and forthrightness, and in those who preceded us, who were righteous, we have admonition and remembrance, for they were mindful to always remember death to help them remember and prepare for the Akhirah, and if death were to approach them, you would find them between one crying over himself out of fear and terror of Allah’s (swt) punishment, and one who has done righteous deeds for the sake of Allah (swt), hoping for the best, praying for his forgiveness, and one who is fully pre-pared and ready.

    As for the Messenger (saw), he began his preparation by praying for the forgiveness of those in the graves, and this was during the illness which he died from, where Abu Muwayhiba, the servant of the Prophet (saw), narrated: “The Messenger of Allah (saw) called for me in the middle of the night and said to me: “Oh, Abu Muwayhiba, I have been ordered to pray for forgiveness for the people of the graves, so come with me.” So I departed with him, and when he (saw) stood between them, he said, “Peace be upon you, dwellers of the graves. What you are in is more comfortable than what the people are in, for tribulations have approached like dark patches of night, one following another, and each one is worse than the one before it.” Then he came near to me, and said: “Oh, Abu Muwayhiba, I have been given the keys to the treasures of the world and lasting life in it, then Paradise, and was given a choice between this and the meeting of my Lord and Paradise, so I chose to meet my Lord and Paradise.” So I said: May my father and mother be sacrificed for you, take the keys to the treasures of the world and lasting life in it, then Paradise. But he said, “No, by Allah, oh Abu Muwayhiba, I have chosen to meet my Lord and Paradise.” He then prayed for forgiveness for the people of the graves and left, when the pain that he (saw) was going through showed upon him. As the pain increased, he (saw) saidto Al-Fadhl, with his head wrapped, due to the overwhelming pain, “Take my hand, Fadhl”. So Al-Fadhl took his hand until he sat on the Minbar, then said to Al-Fadhl: “Call the people.” So they gathered. He then praised Allah, and prayed for peace upon the companions of Uhud, and forgiveness for them and prayed much for them, then said: “and furthermore, oh people, I praise Allah between you, of whom there is no Lord worthy of worship other than Him. It has been made known to me that there are some (unful-filled) rights between yourselves, so whoever I have whipped his back (unjustly), this is my back, so take back your right, and if I have vilified someone’s honour, this is my honour, so take back your right. Although resentment is not in my nature, nor my disposition, but you would be beloved to me if you took from me what was rightfully yours, or if you forgave me the right, so I can meet Allah with my soul at ease, and even this, I do not see as sufficient until I undertake (the responsibility) over and over again.” He then stepped down and prayed Dhuhr, then returned and sat upon the Minbar, returning to his speech regarding resentment, and other matters. A man then stood and said:

    “Oh, Messenger of Allah, I have with you three Dirhams.” So he (saw) said: “Fadhl, give it to him.” Then he (saw) said: “Oh, people, whoever has something to finish, he should, and (do not fear) the embarrassment of this world, for the embarrassment of this world is less than that of the Akhirah.” So a man then stood, and said: “Oh, Messenger of Allah, I have three Dirhams which I took (unjustly) in the way of Allah.” He (saw) then asked: “Why did you take it?” The man replied: “I needed it.” He (saw) then said: “Take it from him, Fadhl.” and said: “Oh people, whoever fears something of himself, he should come forth and I will pray for him.” So a man stood, and said: “Oh Messenger of Allah, I am a liar and indecent and I sleep too much.” So he (saw) said: “Oh, Allah, bless him with truthfulness, Iman and lift away his sleep if he so wished.” and another man stood and said: “By, Allah, Oh Messenger of Allah, I am a liar and a hypocrite and there is not one crime that I have not committed.” when ‘Umar b. Al-Khattab (ra) stood and said: “You have disgraced yourself.” So the Messenger (saw) said: “Oh son of Al-Khattab, the disgrace of the worldly life is less than that of the afterlife; may Allah bless him with truthfulness, Iman and lead his matter to a good end.”

    The Prophet (saw) urged the people to take care of the Ansar, and said: “…and furthermore, oh group of Muhajireen, it has become that you are increasing (in number), and the Ansar are not increasing (in number), (they will remain) as they are today. The Ansar are my cover who extended to me their aid. So be generous to their generous and look past their shortcomings.” The Messenger (saw) then said: “A certain slave of Allah (swt) has been given the choice between whatever he wishes of the delights of this world, or what Allah (swt) has to offer, so he chose what Allah (swt) has to offer.”

    Abu Bakr (ra) then cried and said: “We sacrifice ourselves, our fathers, our mothers and our sons for you, oh Messenger of Allah (swt).” The people were surprised by the reaction of Abu Bakr (ra), and some said: ‘Look to this Shaykh; The Messenger of Allah (swt) informs us of a slave who has been given a choice by Allah (swt), and he says, “we sacrifice our fathers and mothers?”‘ The Messenger (saw) then said, in reply to Abu Bakr (ra): ‘Be at ease, Abu Bakr). Do you see these open doors of the Mosque (in Makkah), close them, except for the one that is facing the home of Abu Bakr, for the most gracious of people in his friendship and his wealth to me is Abu Bakr, and if I were to take from the slaves (of Allah (swt)), a bosom friend I surely would take Abu Bakr as a bosom friend, but it will remain as companionship and brotherhood in Iman until Allah (swt) brings us together in His company.’

    The mother of the believers, ‘A’ishah (ra), said: ‘I saw the Messenger of Allah (swt) as he was dying. With him was a container of water, where he would put his hand into the container then wipe his face, saying: ‘La ‘ilaha ‘illAllah, truly death has its agonies. Oh Allah, help me with the agonies of death.’ and held his finger up, saying: ‘Nay, the Most High companion, the Most High companion.’ He (saw) then turned his sights, focusing them on the roof of the house, and said: ‘Oh Allah (swt). The Most High companion.’ where he (saw) then died, his hand falling into the water.

    When the time of Abu Bakr Al-Siddiq (ra) came, ‘A’ishah (ra) expressed her thoughts of the situation with the words: ‘By your life, wealth is of no use to a person when it (death) rattles the throat and constrains the breast.’ So Abu Bakr (ra) uncovered his face, and said: ‘It is not like this, my daughter, rather I say: “And the stupor of death will bring Truth (before his eyes). This was the thing which you have been trying to escape!” Take my two pieces of clothing here, wash them and bury me in them, for the living are more needy of new clothing than the dead.’ As Abu Bakr (ra) was dying, ‘A’ishah (ra) said, praising him: ‘(His) white (face), feeding the birds with the (light of) his face, the spring time of the orphans and the protector of the widowers.’ Abu Baker then said: ‘This is a description of the Messenger of Allah (swt).’ The Sahaba then entered the room, seeing the pain he was going through because of the effects of the poison, they said to him: ‘Should we not send our doctor to take a look at you’? He replied: ‘My doctor has looked at me and said: I am the doer of whatsoever I intend.’ Salman Al-Farisi (ra) then entered the room and said: ‘Oh, Abu Bakr (ra), entrust us with something.’ So the Siddiq said: ‘Allah (swt) is opening the world to you, so do not take of it except what you need, and know that he who prays Fajr is under the protection of Allah (swt), so do not embarrass Allah (swt) in His protection ‘Allah (swt) will throw us in hell fire on our faces’?

    When the burden became heavy on Abu Bakr (ra), he sent for Umar (ra) b. Al-Khattab (ra), and entrusted him with a mighty duty, saying: ‘I wish to entrust you with a duty, if you allow … Allah (swt) has rights upon you at night-time which He will not accept of you in the daytime, and rights upon you in the daytime which He will not accept from you at night-time. He does not accept a Nafila (supererogatory actions of worship) until the Fard (obligation) is completed. Truly, the scales are heavy for the one whose scales become heavy in the Afterlife because of his seeking the truth in this world. And it is proper for the scales to become heavy if truth were to be placed into them. And truly, the scales are light for the one whose scales have become light in the Afterlife because of their following falsehood and how insignificant this was to them. And it is proper for the scales to become light if falsehood were to be placed into them. Have you not seen that Allah (swt) has revealed the verses of anticipation with the verses of severity and the verses of severity with the verses of anticipation. And He revealed the verse of mercy and the verse of punishment so that the slave may be in a state of desire and fear, so that he does not to throw himself into destruction (the Hellfire) and not to ask of Allah (swt) anything but the truth. If you safeguarded this trust of mine there will be nothing absent but more beloved to you than death, as you cannot do without it. And if you forget and lose this trust of mine, there will be nothing absent but more hated by you than death, and you cannot be without it, nor will you ever escape it.’ The last thing he (ra) said before his soul departed his body was: ‘My Lord, Cause me to die as one who has submitted to Your Will, and join me with the Saliheen (the righteous)’

    As for Umar (ra) b. Al-Khattab, he went out four days before his death to traverse the markets. He met Abu Lu’lu’a, the servant of Al-Mughirah ibn Shu’bah, who said: ‘Oh, Amir of the Believers, show me the way to Al-Mughirah b. Shu’bah, for he pays me well.’ Umar (ra) said: ‘How much is your pay?’ he replied: ‘two Dirhams.’

    Umar (ra) asked: ‘What is your trade?’ Abu Lu’lu’a said: ‘Carpentry, sowing and ironmongery.’ Umar (ra) said: ‘I do not see your wages to be much in comparison to your skills and it has reached me that you are able to construct a mill that grinds using the power of wind.’ The disbelieving Kafir replied: ‘If you wish I will make a mill that people will speak of from east to west’, and then departed. Umar (ra) then said: ‘This slave has promised me before.’

    Umar (ra) then departed to his home and when he neared it Ka’ab Al-Ahbar came to him and said: ‘Oh Amir of the Believers, be informed – you are to die in three days.’ Umar (ra) said: ‘And how do you know this?’ Ka’ab replied: ‘I have seen it in the Torah.’ Umar (ra) said: ‘By Allah (swt), you find Umar (ra) bin Al-Khattab in the Torah?’ Ka’ab replied: ‘By Allah (swt), no, but I do find your description and disposition, and your Ajal (Decree for life) has run out.’ The next day Ka’ab came to him again and said: ‘Oh Amir of the Believers, one day has gone and two are left.’ And the day after, saying: ‘Two days have passed and one day and one night are left.’ Which was that night and its’ morning. When morning came, Umar (ra) left for prayer where he delegated one man to make sure the lines were straight, and when he was confident of their organisation he began the prayer. Just then, Abu Lu’lu’a, may Allah (swt)’s wrath come down upon him, came between the people with him a double headed dagger that meets in the middle, and struck Umar (ra) six times – one of them just under his navel, which was the one that, in the end, killed him. The infidel then ran away, not leaving anyone to the left or right of him without striking them. At the end thirteen men were stabbed, nine of which died. When one of the Muslims saw this occurring he threw a cloak over the murderer, and when the infidel thought that he had been caught he committed suicide.

    When Umar (ra) felt the warmth of the stab wounds, he fell, and called out: ‘Is Abdul-Rahman b. ‘Awf between the people?’ They replied: ‘Yes, he is over here.’ Umar (ra) said to him: ‘Come forth and lead the people in prayer.’ So Abdul-Rahman led the people in prayer, while Umar (ra) was lying on his side. The rows behind Umar (ra) could see what was happening but the people praying at the outskirts of the Mosque had no idea what was occurring, only that they had lost Umar (ra)’s voice and were calling out ‘Subhan Allah, Subhan Allah.’ So Abdul-Rahman led the people in a light prayer, then the people carried Umar (ra) to his house, where he said: ‘Oh Ibn Al-‘Abbas, go and see who stabbed me.’ So Abdullah left, returning after one hour, and said: ‘The servant of Al-Mughirah b. Shu’bah.’ Umar (ra) said: ‘May Allah (swt) declare war on him. I had just done a good deed for him.’ Then said: ‘All praise be to Allah (swt) who did not make my death at the hands of a Muslim man who prostrated even one prostration to Allah (swt).’ The people that day were acting as if they had never seen a calamity before this one, where one man would say he is doing just fine, and another saying that he is worried. They brought him some wine, which he immediately vomited in a different colour. They then brought him some milk, which he also vomited, then they knew that he was to die.

    The Muhajireen and the Ansar began to visit him and to pay their last respects. When Ka’ab Al-Ahbar came between them, Umar (ra) remembered what he had said, and said: ‘Ka’ab told me of three he counted, and there is no doubt that the matter is as he told me, what good is it for me to be cautious of death, for I surely will die, but I fear the sin that is followed by another.’ One of the people who visited him was a young Muslim, who said to him: ‘Glad tidings, oh Amir of the Believers, with glad tidings from Allah (swt), you had the companionship of the Prophet (saw), and a role in Islam which you know quite well, you then took care of the Muslims and were just in your duties, then a Shahadah.’ When Umar (ra) said: ‘Amir of the Believers? I wish this were neither a point for me nor against me.’ And when the young man walked away, Umar (ra) noticed his robe was dragging on the floor, so he said: ‘Bring the boy back to me.’ And when the boy came, he said to him: ‘Oh son of my brother, lift your garment, as it is purer for your clothing and more god-fearing.’

    When Ali b. Abi Talib (ra) entered the room, he noticed Umar (ra) crying, so he asked: ‘What makes you cry, oh Amir of the Believers?’ Umar (ra) replied: ‘I cry over the news in the sky, will I be sent to Paradise or thrown into the Hellfire?’ Ali said: ‘Glad tidings, for I have heard the Messenger of Allah (swt) say: “The two masters of the Kuhool (respected men) of Paradise are Abu Bakr (ra) and Umar (ra).”’ Umar (ra) said: ‘Are you a witness for me, oh Ali, that I will have paradise?’ Ali answered: ‘Yes.’ Umar (ra) then said: ‘And you, oh Hassan, are a witness on your father that the messenger of Allah (swt) said that Umar (ra) is of the people of Paradise’ When Abdullah Ibn ‘Abbas arrived, he said to Umar (ra): ‘Glad tidings of Paradise, oh Amir of the Believers. You were a companion of the Messenger of Allah (swt) and this companionship was a long one, then you took care of the Muslims affairs, where you stood firm and fulfilled your trust. Allah (swt) brought many matters down to you. He paid the charities through you and spread the wealth through you.’ Umar (ra) said: ‘As for your glad tidings of paradise, by Allah (swt), to whom there is none worthy of worship but He, if I had this world and all what is in it, I would pay it as a ransom to escape the horrors I am to face before I am given the decision. And as for what you said regarding the leadership of the Muslims, by Allah (swt), I wish that I would be taken out of it, the same as I had entered it, having neither good deeds nor sin. As for what you have said regarding the companionship of the Messenger of Allah (swt), it is this (that I truly wish for).’ Then he (ra) said: ‘Sit me up.’ And when he was sitting upright, he said to Abdullah Ibn ‘Abbas (ra): ‘Repeat to me what you have said.’ And after he repeated it, Umar (ra) said: ‘Will you testify to this on the day of Judgement’? Ibn ‘Abbas said yes, so Umar (ra) was pleased with this when he said: ‘If a caller called out from the sky: Oh people, you are all to enter paradise except for one, I would fear that I would be that one. And if a caller were to call out: Oh people, you are all to enter the Hellfire except for one, I would have hoped to be that one.’

    As Umar (ra) neared death, he said to his son: ‘My son, when death comes to me place your right hand on my forehead and your left on my cheek so if I die, shut my eyes and bury me quickly. For if I have a better place with Allah (swt), then He will grant me a better place, and if it is other than this, then I will be taken away more quickly. And do not send a woman with me (my burial) or speak well of me in that which I am not, for Allah (swt) is more knowledgeable of whom I really am. If you depart with my body, walk quickly, for if there is good with Allah (swt) then you have sent me to what is better for me and if it is otherwise, then you will have removed this evil from off your shoulders.’ He (ra) then said: ‘Place my cheek on the ground.’ As his head was in Abdullah b. Umar (ra)’s lap, so Abdullah moved his head down to his leg and said: ‘What is the difference whether it is in my lap or on the ground?’ Umar (ra) said: ‘Put my head on the ground, motherless one [an Arabic expression, not to be taken literally]’, Abdullah did so. And when Umar (ra)’s cheek and beard were pressed against the ground he said: ‘Woe to you and to your mother, oh Umar if Allah (swt) does not forgive you, oh Umar.’ Then he passed away.

    As for Thul-Nuwrayn (the one with the two radiating lights), Uthman (ra) b. Affan, when he was held captive in his house and he was fasting, he asked his captors for clean water for him to break his fast with. They denied him this and said: ‘You will have no more that what has gathered in the garbage over there.’ Thus Uthman (ra) did not break his fast. So his wife, Naailah bint Al-Qaraafisah, departed to seek water. Finding a group of people, she asked if they has clean water, so they gave her a small sachet of water and she returned to Uthman (ra) upon the calling of Adhan for Fajr and said: ‘This is clean water I brought for you.’ Uthman (ra) then looked outside, seeing that the sun had risen, and said: ‘I have started the day fasting.’ She asked: ‘How did you eat, when I have not seen anyone give you any food or water?’ She exclaimed this with bewilderment, as it is obliged upon the Muslim to break his fast with food or drink before beginning a new fast. He said: ‘I saw the messenger of Allah (swt). He entered upon me from the roof and he had a water container and said to me: “Oh, Uthman, have they held you captive?’” I said: “Yes.” He said: “Have they denied you water?” I said: “Yes.” So he extended the water container out to me and said: “Drink, oh Uthman.” And I drank until I was satisfied. Then he (saw) said: “More.” So I drank until I was well fed. He (saw) then said: “These people will turn against you, so if you wished, fight them and you will claim victory against them, or if you wished, you may leave them, and break your fast with us.” So I chose to break my fast with him.

    Katheer b. Al-Sult then entered, upon where Uthman (ra) said to him: ‘I do not see myself but murdered on this day, oh Katheer.’ So Katheer said: ‘Allah (swt) will give you victory over your enemy, oh Amir of the Believers. Did something happen to you today or was something said to you?’ Uthman (ra) replied: ‘No, but I stayed up late last night and during the time of Suhur (just before sunrise) I fell asleep, and I saw the Messenger of Allah (swt), Abu Bakr (ra) and Umar (ra), where the Messenger of Allah (swt) said to me: “Oh Uthman (ra), do not keep us waiting, for we are awaiting you.” Uthman (ra) died that day.

    After Uthman (ra) was murdered, they searched through his storage and found a small case with a paper in it. On it was written: ‘This is the Will of Uthman, in the name of Allah (swt), the Most Gracious, the Most Merciful. Uthman b. ‘Affan bears witness that there is no lord worthy of worship but Allah (swt), alone, having no partners attributed to him and that Muhammad is his slave and Messenger, and that Paradise is truth, and the Hellfire is truth, and Allah (swt) brings forth the dwellers of the graves to a day that will without doubt come. Allah (swt) does not break his appointment. Upon it we live and upon it we die and upon it, by the Will of Allah (swt), we will be brought forth.’

    It was narrated that on the night Ali b. Abi Talib (ra) was stabbed, Ibn Al-Siyaaj came to him at sunrise to call him to prayer and found him sluggish and lazy, then came to him for a second time and found him the same, then came to him a third time, where Ali awoke and started walking, saying: ‘Prepare yourself for death, for it will meet you and do not fear death, even if reached your dwelling place.’ When he reached the entrance to the mosque, Abdul-Rahman b. Muljam ran up to him and stabbed him and Ali said: ‘By the lord of the Ka’bah, I have won.’ As they carried Ali away, he asked: ‘What has happened to the one who stabbed me?’ They said: ‘We took him away.’ He said: ‘Feed him my food and give him of my drink, so if I were to live, I will decide what to do with him, and if I were to die, then strike him once, not more.’ Ali then entrusted Al-Hassan to wash him (and perform the rituals of burial) and said: ‘Do not be excessive in wrapping my body, for the Messenger (saw) said: “Do not be excessive in wrapping (the dead body), for it will be taken away very quickly.” Walk quickly, but do not rush nor move slowly, for if there is good awaiting, you will have brought it to me quickly, and if there is evil awaiting, you would remove my weight from off your shoulders more quickly.’

    When death approached Mu’ath b. Jabal (ra), he said: ‘Check if morning has come yet.’ And it was said: ‘Not yet.’ And he continued to ask them until morning came, at which time they informed him that: ‘Morning has come.’ So he said: ‘I seek refuge in Allah (swt) from a night whose morning is in the Hellfire.’ Then said: ‘Welcome, death, you absent visitor and beloved one who comes at the times of need. Oh Allah (swt), in the past I have feared you, and today I implore you (for Your mercy). Oh Allah (swt), You know that I never did love this world and long life in it to make paths for rivers or to plant trees, rather I loved the thirst on long midsummer days (from fasting) and staying up (praying) the long winter nights, the wrestling with the hours and the crowding of the scholars at the gatherings of remembrance of Allah (swt).’ When death approached Bilal (ra), his wife said: ‘How sad this moment is.’ And he said: ‘No, say: How joyous this moment is. For tomorrow we see the beloved ones, Muhammad (saw) and his companions.’ As for the Mother of the Believers, ‘A’ishah (ra), at the time of her death, Abdullah b. ‘Abbas came to her and praised her and said: ‘Glad tidings, oh wife of the Messenger of Allah (swt), he did not marry anyone before her coming of age other than you, and your innocence was sent down from the sky.’ Ibn Al-Zubair (ra) then entered the room after Ibn ‘Abbas and she said to him: ‘Abdullah b. ‘Abbas praised me when I did not wish to hear anyone praise me today. How I wish that I were completely forgotten, wiped out of existence.’ Abu Muslim said: ‘I came to Abu Al-Darda’ (ra) and found him moaning to himself: ‘Is there a man would work himself to such a destruction as mine? Is there a man would work himself to this day of mine? Is there a man who would work himself to this hour of mine?’ He then passed away, may Allah (swt) have mercy upon him.’ Salman Al-Farisi cried when death came to him. It was asked: ‘What makes you cry?’ He said: ‘The Messenger of Allah (swt) promised us that whatever we have of excess (wealth), will be similar (on the Day of Judgement) to the excess carriage of a rider, and look at all this excess (wealth) around me.’ And it was said: ‘There was only his plates and cutlery, a bowl and a wash basin, where their worth was no more than about 10 Dirhams.’

    Abu Hurairah (ra) cried on his deathbed and it was asked: ‘What makes you cry?’ He replied: ‘I do not cry for this world of yours, rather I cry over the long journey ahead of me and how few provisions I have with me. I am rising on a runway to Paradise and Hellfire and I do not know which of them it will lead me to.’ It was narrated by Al-Muzni saying: ‘I came to Al-Shafi’i during the illness from which he died and said to him: “How was your morning?” He said: “I awoke departing this world, leaving my companions behind, on my way to meet my bad deeds, to drink from the cup of desire (for forgiveness) and to Allah (swt) I proceed. I do not know whether my soul will be sent to Paradise so that I may congratulate it, or to the Hellfire so that I may give my commiserations.” He then began saying: “When my heart hardened and the places for escape ran out, I made the escape from myself; Your forgiveness. As my sins towered above me, I compared them to Your forgiveness, my Lord, and found Your forgiveness to be greater. You continue to forgive my sin until now, by Your Graciousness, Mercy and Generosity.”‘

    When Al-Hassan b. Ali (ra) neared death, Al-Hussein (ra) entered the room and said: ‘My brother, why are you worried? You are approaching the Messenger of Allah (swt) and Ali b. Abi Talib, and they are your fathers; and Khadijah bint Khuwaylid and Fatimah bint Muhammad, and they are your mothers; and Hamza and Ja’far, and they are your uncles!’ He replied: ‘My brother, I am approaching something unlike anything I have ever approached before.’ It was also narrated that when Umar b. Abdul-Aziz (ra) became ill, a doctor came to see him and after looking at him he said: ‘It seems the man has been fed poison and I cannot say that he is secure from death.’ Umar (ra) then raised his sights to the doctor and said: ‘Nor can you secure one from death even if he has not taken poison!’ The doctor said: ‘Have you felt this (poison), oh Amir of the Believers?’ He replied: ‘Yes, I had known it from the very moment it entered my stomach.’ The doctor said: ‘You should get treatment for I fear that you may die.’ Umar said: ‘My Lord is a better choice to go to. By Allah (swt), if I knew that my cure was sitting at the tip of my ear, I would not raise my hand to get it.’ And when death came to him, he began crying and it was asked: ‘What makes you cry, oh Amir of the Believers? You should be joyous, for Allah (swt) has brought many Sunnahs back to life with you and spread justice through you.’ He replied: ‘Will I not be made to stand and be questioned regarding these creations? By Allah (swt), I may have been just, but I fear for myself that it will not bear any weight before Allah (swt) until it is scrutinised with its evidences, so how is it with most of our actions?’ And he cried profusely, then said: ‘Sit me up!’ So they sat him up, and he then said: ‘I am the one who you ordered, and I fell short, and I am the one who you accounted, and I disobeyed.’ Saying this three times, he then said: ‘But there is no Lord worthy of worship except Allah (swt).’ He then lifted his head, and seemed to be inspecting something keenly. When he was asked regarding this, he said: ‘I see green fields,…and they are neither humans nor Jinn.’ Then he died.

    It was narrated of Haroon Al-Rasheed that he chose the shrouds which he was to be buried in himself and would look at them reciting: ‘My wealth has not been of any profit to me. My power has perished from me.’ And it was said that Abdullah b. Al-Mubarak opened his eyes upon his death and recited: ‘For the like of this, let the workers work’ Then passed away. It was also narrated of Huthayfah that when death approached him, he said: ‘A beloved one has come at a time of need, I will gain nothing from sorrow. Oh Allah (swt), if you know that poverty is more beloved to me than wealth and illness is more beloved to me than health and death is more beloved to me than life, then make death easier for me until I meet you.’ This was their stance and this was their accounting of themselves. They lived in the vast expanses of Allah (swt) earth.treading the path He laid out, following His Messenger (saw), continuously accounting and scrutinising themselves over every matter, big or small, so that when death came to them their reaction was as if they had lived their lives in complete disobedience to Allah (swt). This was due to the intense fear they had of Allah (swt) and how much they desired His mercy and forgiveness. Truly this is how the believer should be, ever watchful, always accounting himself, catching up before time runs out, when sorrow is of no value and regret is useless.

    Oh carriers of the call of Islam you are undertaking a mighty task, for when the people have turned away to seek what this world has to offer, you turned to seek what the Afterlife has to offer. During the times where those who are working are few, you took the weight of the Prophets upon your necks, so you moved to achieve what no men, other than Muhammad (saw) and his beloved companions (ra), had ever achieved. Although the Companions (ra) have been favoured with the companionship of the Prophet (saw) over you, you have been favoured over all others in the work to bring Islam, the Deen of Allah (swt) and the final message, back to life on Earth, so that you may please your Creator and follow the way of your Prophet (saw). So congratulations, brothers in Islam and the Da’wah, for what you are in and be sincere in accounting yourself and each other, for what you carry on your shoulders of a superior Minhaj (Methodology), great determination, patience and endurance would cause the mighty mountains to collapse. Truly it is a trust and if we were to make our commitment and undertake this task, giving it what it deserves of effort, we may become one of the brothers of the Messenger of Allah (swt), who he said regarding them: ‘How I wish to see my brothers who will come to Al-Hawdh (a pool in paradise), where I will greet them with a container, in it a drink, and I will feed them from my Hawdh before they enter paradise.’ They asked: ‘Are we not your brothers?’ He replied: ‘No, you are my companions. My brothers are the ones who believed in me, although they had never seen me. I am very anxious to see them.’

    It may be that your Kutlah (party or group) will be of those who the Messenger of Allah (swt) said regarding them: ‘Oh Huthayfah, in every group of my Ummah, there is a group of ruffled, dusty (individuals), who desire my way and follow my path. They uphold the book of Allah (swt). They are from me and I am from them, even though they have not seen me’, and his (saw) saying: ‘Allah (swt) revealed to Musa b. ‘Imran that in the Ummah of Muhammad there will be men who stand upon every elevated place and in every valley, calling out the Shahadah of La-ilaha-illAllah (swt), their reward will be that of the Prophets.’ Oh Allah (swt), you know that we did not say this except in obedience to Your order and we did not remind ourselves of our meeting you except in fear of Your punishment and we have not prayed to you except out of desire for Your pleasure, so place this onto our scales on the day that the scales will be weighed. Keep us firm onto Your Deen and onto the work of carrying the message of Your beloved Prophet (saw), until we meet you and help us with the trials of this world and do not send upon us calamities so that we become disgraced, and if you do send upon us calamities, then keep us firmly upon the truth.

    May Peace and Blessings be upon our Prophet Muhammad and upon his pure and generous family and companions, and upon all those who follow his guidance, until the day of Judgement. Ameen.

  • The Qur’an – The First Source of Law

    The following is an extract from the book ‘Understanding Usul al-Fiqh’.

    It is necessary to define the Qur’an, from this definition we will know what is allowed to be read in prayer and what is not. What is a proof in Hukm Shara’i and what is not? It also tells us what makes somebody a Kafir due to what he denies and what does not constitute disbelief. So when we define Qur’an we mean the Qur’an as evidence in Fiqh.

    Qur’an is derived from the word Qara’a, which means to read or recite. Therefore, Qur’an linguistically means the book that has been read or recited.

    As a term, Qur’an is Allah’s (swt) miraculous speech revealed unto Muhammad (saw) in Arabic and transferred to us by the Tawatur method. The recitation of Qur’an is considered as an ‘‘Ibadah (act of worship). By Allah’s (swt) speech it is meant that the Qur’an is the exact words of Allah (swt). It was revealed to Muhammad (saw) as it exists today. By ‘miraculous’ it is meant that no one can produce something similar to it.[1]

    The term “in Arabic” refers to the language of the Qur’an, not to its scope or ideas because Qur’an addresses all Arabs and non-Arabs. The rules of Qur’an are universal and not restricted to one ethnic group or a specific area or time. All the Qu’ran is completely in Arabic and contains no foreign tongue. Imam Shafi says in his Risala, “The Qu’ran indicates that there is no portion in the Book of Allah that is not in the Arab tongue. He who expressed such an opinion [concerning foreign words in the Qu’ran] may have found some [men] who accepted it by [sheer] submission (taqlid) to his authority, leaving the matter of proof up to him and to those who have disagreed with him. However, by mere submission they have neglected [their duty]; Allah forgive them and us. But, perhaps, he who expressed the opinion that there are in the Quran [words] which are not of the Arab tongue-and his opinion was accepted by others meant that there are certain particular [words] which are not understood by some Arabs.”

    Furthermore, the ignorance of the Arabs about some words of the Quran is not evidence that the Quran contains foreign words. Rather there is a possibility that some non-Arabs learned some Arabic words and then it became wide spread in their language. Because of this some of their words may correspond to some words mentioned in the Quran, or maybe some foreign words entered in the Arabic language. And hence it became part of the Arabic language itself and therefore cannot be considered a foreign word anymore as the Arabs used it as part of their language, even if its root is foreign.

    Many verses point that the Quran is completely in Arabic such as:

    إِنَّا أَنْزَلْنَاهُ قُرْآَنًا عَرَبِيًّا

    “Verily, We have sent it down as an Arabic Qur’an.” (TMQ Yusuf: 2)

    كِتَابٌ فُصِّلَتْ آَيَاتُهُ قُرْآَنًا عَرَبِيًّا لِقَوْمٍ يَعْلَمُونَ

    “A Book whereof the Verses are explained in detail – a Qur’an in Arabic for people who know.” (TMQ Fussilat: 3)

    قُرْآَنًا عَرَبِيًّا غَيْرَ ذِي عِوَجٍ لَعَلَّهُمْ يَتَّقُونَ

    “An Arabic Quran with no crookedness in it, perchance they will be God fearing.” (TMQ Al-Zumar: 29)

    وَكَذَلِكَ أَنْزَلْنَاهُ حُكْمًا عَرَبِيًّا

    “Thus We sent it down as an Arabic Law.” (TMQ Ar-Ra’ad: 37)

    وَكَذَلِكَ أَوْحَيْنَا إِلَيْكَ قُرْآَنًا عَرَبِيًّا

    “And thus We have revealed unto you (O Muhammad [saw]) a Qur’an (in Arabic).” (TMQ Shurah: 7)

    إِنَّا جَعَلْنَاهُ قُرْآَنًا عَرَبِيًّا

    “We verily, have made it a Qur’an in Arabic.” (TMQ Zukhruf: 3)

    By Tawatur method it is meant that a group or people for whom it is impossible to lie or conspire to fabricate a lie conveyed it to us. The Qur’an was transferred to us through an entire generation, not just by a group, to its successors, until it reached the present generation, without any interval in this transference.

    Reciting Qur’an in Arabic by itself, without even comprehending its meaning is considered an ‘‘Ibadah. In this regard, Qur’an is different from Hadith, which cannot be recited as an act of ‘‘Ibadah. However, thinking about the meanings of both the Qur’an and Hadith is considered an ‘‘Ibadah.

    Revelation of the Qur’an

    The Qur’an was revealed to Prophet Muhammad (saw) in parts for a period of twenty-three years. It used to be revealed in various ways. Sometimes the revelation would come in quick succession and other times it would take a long time. The Qur’an was revealed gradually and not all at once due to wisdom (Hikma) Allah (swt) has mentioned in the noble Qur’an itself:

    وَقَالَ الَّذِينَ كَفَرُوا لَوْلَا نُزِّلَ عَلَيْهِ الْقُرْآَنُ جُمْلَةً وَاحِدَةً كَذَلِكَ لِنُثَبِّتَ بِهِ فُؤَادَكَ وَرَتَّلْنَاهُ تَرْتِيلًا

    “And those who disbelieve say: ‘Why is not the Qur’an revealed to him all at once?’ Thus (it is send down in parts), that We may strengthen your heart thereby.” (TMQ Al-Furqan: 32)

    وَقُرْآَنًا فَرَقْنَاهُ لِتَقْرَأَهُ عَلَى النَّاسِ عَلَى مُكْثٍ وَنَزَّلْنَاهُ تَنْزِيلًا

    “And (it is) a Qur’an which We have divided (into parts), in order that you might recite it to men at intervals. And We have revealed it by stages.” (TMQ Al-Isra’: 106)

    So, in order to strengthen the heart of the Messenger (saw), and so as to recite it to the people slowly without haste, and also in order to reveal it according to incidents and answers to questions, the Qur’an was revealed gradually and in parts for twenty-three years.

    As we mentioned earlier the scholars have defined fiqh as, ‘the knowledge of the practical Shar’iah rules that are derived from their detailed evidences (Al-Ad’Illah al-Tafsiliyy ah)’.

    Knowledge of the Shari’ah rules began the day when they were revealed by Allah (swt). This took place mostly after the migration (Hijra) of the Prophet (saw) from Makkah to Madina. The Messenger of Allah (saw) stayed in Makkah for thirteen years, and then he resided in Madina for about ten years. The Quran was revealed in Makkah and continued throughout the Prophet’s stay in Madina. Many of the verses of Ahkam (rules) were revealed in Madina. In this period verses from the Qur’an were revealed and the Messenger (saw) used to convey the Ahkam relating to answering practical questions and providing solutions to problems that arose.

    The portion that was revealed in Makkah is approximately about two thirds of the Qur’an and they are known as the Makkan verses (Makki). In their totality they barely deal with few Ahkam. Rather they are confined to explaining the fundamentals of the Deen and calling people to them, such as the belief in Allah and His Messenger, the Day of Judgement, the command to perform Salah, characterisation with moral attributes such as honesty, truthfulness, and forbidding evil actions such as fornication, murder, burying girls alive, deficiency in the measure and scales etc. The second portion that was revealed in Madina is close to a third of the Qur’an and they are known as the Madinan verses (Madani). These are verses of Mu’amalat (transactions) such as selling, renting and usury. They also include the Hudud, such as the Hadd of Zina (fornication) and stealing. They include the Jinayat (capital punishments) such as killing the one who killed someone intentionally or punishment of highway robbers and rules from the Bayyinat (testimonial evidences) such as the testimony of Zina and the rest of the testimonies. The remaining rules concerning the worships (‘‘Ibadat) such as fasting, Zakah, Hajj and Jihad were also revealed during this period.

    From this it becomes clear that even though rules of prayer were revealed in Makkah they do not form the body of rules but knowledge of a type of rule. As for what was revealed in Madina, they consisted of all the Ahkam. That is why knowledge of such rules is considered Fiqh. Therefore, it is more accurate for us to say that Fiqh began in Madina. And since Fiqh constitutes practical rules, they have been revealed to treat incidents that have taken place. The verses of Ahkam, more often than not were in connection to events that took place. So the disputants would refer judgment to the Messenger of Allah (saw) and he would judge between them according to the rules Allah (swt) has revealed to him, or on occasions of problems requiring solutions, so an Ayah or Ayat stating the Hukm would be revealed. In this manner the Qur’an was revealed gradually. The legislative aspect used to be quite evident in the revelation of the Qur’an. The Ayat did not treat assumptions that may or may not happen. Rather, they treated issues that actually took place and real problems that people face. The Qur’an continued to be revealed until the year in which the Messenger of Allah (saw) passed away. So, Allah (swt) perfected and completed the Deen and He revealed to him the last Ayah which is His (swt) saying in Surah al-Baqarah:

    يَا أَيُّهَا الَّذِينَ آَمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَقِيَ مِنَ الرِّبَا إِنْ كُنْتُمْ مُؤْمِنِينَ

    “O you who believe! Be afraid of Allah and give up what remains (due to you) from riba (usury).” (TMQ Al-Baqarah: 278)

    Arrangement of the Qur’an

    During the time of the Prophet (saw), the text of the Qur’an was preserved in memory and also inscripted on flat stones, wood, and bones.

    The Qur’an used to be revealed to the Messenger of Allah (saw) and he used to instruct people to memorise it and write it down on pieces of leather, paper, scapula, palm risp, bones, leaf stalks of date palm etc. When the Ayat were revealed he used to give the order that they be placed in their proper place in the Surah (chapter). Thus, he used to say put this Ayah in such and such Surah after such and such Ayah. So they used to put them in their proper place in the Surah. It has been narrated by Uthman (ra) that he said, “The Ayat used to be revealed to the Prophet (saw) and so he used to say:

    «كان النبي r تنـزل عليه الآيات فيقول ضعوها في السورة التي يذكر فيها كذا»

    “Put these Ayat in the Surah which mentions such and such thing.” (Ibn Majah & Abu Dawud)

    It was done in this manner until the whole Qur’an was revealed and Allah (swt) took his (saw) soul after the revelation of the Qur’an was complete. That is why the arrangement of the verses of every Surah in the form as it is in now in the present script (Mushaf) was determined by the revelation (Tawqeefan) from the Prophet (saw) transmitted to him (saw) by Jibreel from Allah (swt). According to this arrangement the Ummah transmitted the Qur’an from the Prophet (saw) and there is no dispute about this. The order of the verses within the chapters (Surahs) was in the same form as we see today.

    As for the arrangement of some of the chapters (Surahs) they were put together according to the Ijtihad of Sahabah (may Allah be pleased with them).

    Imam Ahmad and the Sunan compilers have reported a hadith by Ibn ‘Abbas which has been declared sound by Ibn Hibban and al-Hakim, they narrated that Ibn Abbas (ra) asked Uthman (ra) as to why he put Surah Al-Bara’ah (At-Tawba) after Surah Al-Anfal when it is from the Mathani (Surahs with less than 100 Ayahs) and Al-Bara’ah is from the Mi’un (consisting of about 100 Ayahs). Ibn Abbas said, “You have put them together them and you did not write between the lineبِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ ‘Bism’illah ar-rahman ar-rahim” and you have placed them among the seven long (Tiwal) Surahs. So Uthman said, “Often a Surah would be revealed to the Messenger of Allah (saw) that would have a number of verses. When something was revealed to him – i.e. verses from it – he used to call someone from among those who used to write for him and say: ‘Place these Ayah in the Surah, in which this and this is mentioned. Surah Al-Anfal was one of the first to be revealed in Madinah and Al-Bara’ah was at the end of the Qur’an. Their narrative used to resemble each other so I thought Anfal was part of Bara’ah.” The Messenger of Allah (saw) died and he did not clarify to us if Al-Anfal was part of Al-Bara’ah. Thus, it has been narrated by Sa’eed b. Jubayr from Ibn ‘Abbas who said that:

    «كان النبي r لا يعلم ختم السورة حتى ينـزل بسم الله الرحمن الرحيم»

    “The Prophet (saw) did not know the ending of a Surah until ‘Bism’illah ar-rahman a-rahim’ was revealed.” In another narration:

    «فإذا نزلت بسم الله الرحمن الرحيم علموا أن السورة قد انقضت»

    “When Bism’illah ar-rahman ar-rahim was revealed they knew that the Surah had come to an end.”

    This indicates that the verse order in every Surah was determined by revelation (Tawqifiyyan). And since the Prophet (saw) did not elucidate the issue of al-Bara’ah, Uthman (ra) added it to al-Anfal according to his own Ijtihad. The author of al-Iqna’ reported that the Bism’illah (abbr. for Bism’illah ar-rahman ar-rahim) for al-Bara’ah is present in the Mushaf (collection) of Ibn Mas’ud. It has been reported that the Sahabah used to keep copies whose arrangement of Surahs was different though there were no differences in the verse arrangement. So the Mushaf of Ibn Mas’ud was compiled in a manner different to the Mushaf of Uthman in terms of the arrangement of the Surahs. It began with Al-Fatiha, then Al-Baqarah, Al-Nisa and Aal-Imran. Contrary to the Uthmani Mushaf whose arrangement is al-Fatiha, al-Baqarah, Aal-Imran and then Al-Nisa. None of them were compiled according to the order of revelation. It is said that the Mushaf of ‘Ali was according to the order of revelation, it began with Iqra’, then Al-Muddaththir, Nun wal qalam, Al-Muzzammil, Tabbat, Al-Takweer, Sabbih, it went on in this manner to the end of the Makkan Surahs and then to the Madinan Surahs.

    All of this indicates that the Surah arrangement in relation to some Surahs were arranged according to the Ijtihad of the Sahabah. That is why maintaining the arrangement of Surahs in recitation in not obligatory whether in reciting the Qur’an (Tilaawah), in the prayer (Salah), in a lesson or in teaching, as evidenced by the fact that the Prophet (saw) read Surah al-Nisa before Aal-Imran in his night prayer. As for what has been reported about the prohibition of reciting the Qur’an in reverse order, what was intended was that an Ayah in one Surah should not be read in reverse, not the recitation of Surahs in reverse order.

    The angel Jibreel used to read once every year all of what had been revealed to the Messenger (saw) from the Qur’an. And in the year in which the Messenger of Allah (saw) died Jibreel recited the whole of the Qur’an twice to the Messenger (saw). It has been narrated by Aisha (ra.) on the authority of Fatimah (ra) that:

    «أسَرَّ إليّ النبي r أن جبريل يعارضني بالقرآن كل سنة وأنه عارضني العام مرتين ولا أراه حضر إلا أجلي»

    “The Prophet (saw) confided in me that: ‘Jibreel used to read the Qur’an to me every year.’” (Bukhari)

    It has also been narrated by Abu Hurayra that he said:

    «كان يعرض على النبي r القرآن كل عام مرة فعرض عليه مرتين في العام الذي قبض فيه»

    “Jibreel used to present the Qur’an to the Prophet once a year, but he presented it twice to him in the year he died.” (Bukhari)

    Jibreel’s presentation of the Qur’an to the Messenger (saw) every year means that he presented the arrangement of its verses in relation to other verses and the arrangement of its verses in their respective chapters because presenting the book means to present its sentences, words and arrangement.

    There are also other Ahadith which explicitly mention the arrangment of verses. They state the verses in relation to each other and the arrangment of verses in their respective chapters,

    «ضعوا هذه الآيات في سورة كذا بعد آية كذا»

    “Place these verses in such and such Surah after such and such Ayah.”

    «ضعوا هؤلاء الآيات في السورة التي ذكر فيها كذا وكذا»

    “Place those verses in that Surah that mentioned such and such thing.”

    A Surah would end and another Surah would begin as decreed by Allah through Jibreel. All of this definitely indicates that the arrangement of verses in their chapters and the form of the Surahs in terms of the number of verses and their places, all of that is determined (Tawqifi) by Allah (swt). The Ummah transmitted it in this form from the Prophet (saw) and that is proven by Tawaatur (recurrent reports).

    It was narrated by the mother of the believers, Aisha (ra), that a person from Iraq came to her and asked, “What type of shroud is the best?” Aisha said, “May Allah be merciful to you! What does it matter?” He said, “O mother of the believers! Show me (the copy of) your Qur’an.” She said, “Why?” He said, “In order to compile and arrange the Qur’an according to it, for people recite it with its Surahs not in proper order.” ‘Aisha said:

    (أي الكفن خير؟ قالت: ويحك وما يضرك؟ قال: يا أم المؤمنين، أريني مصحفك. قالت: لِمَ؟ قال: لعليّ أؤلف القرآن عليه فإنه يقرأ غير مؤلف. قالت: وما يضرك أيه قرأت قبل؟ إنما نزل أول ما نزل منه سورة من المفصل فيها ذكر الجنة والنار، حتى إذا ثاب الناس إلى الإسلام نزل الحلال والحرام، ولو نزل أول شيء لا تشربوا الخمر، لقالوا: لا لا ندع الخمر أبداً. ولو نزل لا تزنوا، لقالوا: لا ندع الزنا أبداً، لقد نزل بمكة على محمد r وإني لجارية ألعب: ]بَلِ السَّاعَةُ مَوْعِدُهُمْ وَالسَّاعَةُ أَدْهَى وَأَمَرُّ (46)[. وما نزلت سورة البقرة والنساء إلا وأنا عنده. قال: فأخرجت له المصحف فأملت عليه آي السور)

    “What does it matter which part of it you read first? Know that the first thing that was revealed thereof was a Surah from Al-Mufassal, and in it was mentioned Paradise and the Fire. When the people embraced Islam, the verses regarding legal and illegal things were revealed. If the first thing to be revealed was: ‘Do not drink alcoholic drinks.’ people would have said, ‘We will never leave alcoholic drinks,’ and if there had been revealed, ‘Do not commit illegal sexual intercourse, ‘they would have said, ‘We will never give up illegal sexual intercourse.’ While I was a young girl of playing age, the following verse was revealed in Makkah to Muhammad:

    بَلِ السَّاعَةُ مَوْعِدُهُمْ وَالسَّاعَةُ أَدْهَى وَأَمَرُّ

    “Nay! But the Hour is their appointed time (for their full recompense), and the Hour will be more grievous and more bitter.” (TMQ Al-Qamar: 46)

    Surah Al-Baqara and Surah al-Nisa were revealed while I was with him.” Then ‘Aisha took out the copy of the Qur’an for the man and dictated to him the verses of the Surahs. This hadith shows that the chapters of the Qur’an had not been put together in order. Together with what was mentioned earlier about the different arrangements in the Mushaf’s of various Sahabah it becomes clear that the arrangement of the Surahs was according to the Ijtihad of the Sahabah.

    Compilation of the Qur’an

    It has been proven by decisive and definite evidence that when the Prophet (saw) died the whole Qur’an had been written and all of it was preserved in the hearts of the Sahabah (may Allah be pleased with them). An verse or verses would be revealed and so he (saw) used to order that they be written down before him at once. He (saw) did not prevent the Muslims from writing the Qur’an other than what he used to dictate to the scribes who wrote down the revelation.

    Abu Sa’id al-Khudri narrated that the Messenger of Allah (saw) said:

    «لا تكتبوا عني ومن كتب عني غير القرآن فليمحه»

    “Do not write down anything from me, whosoever writes anything I have said other than the Qur’an let him erase it.” (Muslim)

    What the scribes used to write of the revelation was collected on sheets (Suhuf). He (swt) said:

    رَسُولٌ مِنَ اللَّهِ يَتْلُو صُحُفًا مُطَهَّرَةً

    “A Messenger from Allah, reciting purified pages (Suhuf) (of the Qur’an).” (TMQ Al-Bayyinah: 2)

    كَلَّا إِنَّهَا تَذْكِرَةٌ (11) فَمَنْ شَاءَ ذَكَرَهُ (12) فِي صُحُفٍ مُكَرَّمَةٍ (13) مَرْفُوعَةٍ مُطَهَّرَةٍ (14) بِأَيْدِي سَفَرَةٍ (15) كِرَامٍ بَرَرَةٍ (16)

    “Nay, indeed it (verses of the Qur’an) are an admonition. So whoever wills, let him pay attention to it. (It is) in Records held (greatly) in honour. Exalted (in dignity), purified. In the hands of scribes, Honourable and obedient.” (TMQ Al-Abbasa: 11-16)

    He (saw) left written everything that was between the two covers of the Mushaf which had been written down in front of him. ‘Abd al-‘Aziz b Rufayya’ narrated:

    «دخلت أنا وشداد بن معقل على ابن عباس رضي الله عنهما فقال له شداد بن معقل: أَترك النبي r من شيء؟ قال: ما ترك إلا ما بين الدفتين. قال: ودخلت على محمد بن الحنفية فسألنا فقال ما ترك إلا ما بين الدفتين»

    “Shaddad bin Ma’qil and I entered upon Ibn ‘Abbas. Shaddad bin Ma’qil asked him, “Did the Prophet leave anything (besides the Qur’an)?” He replied: “He did not leave anything except what is Between the two bindings (of the Qur’an).” Then we visited Muhammad bin Al-Hanafiyya and asked him (the same question). He replied, “The Prophet did not leave except what is between the bindings (of the Qur’an).”

    An Ijma’ (consensus) has taken place on the fact that all of the verses of the Qur’an in their respective chapters (Surahs) had been written down directly in front of the Messenger (saw) when the revelation was revealed to him, and that they were written on sheets (Suhuf). The greatest of Messengers died content about the Qur’an, his greatest miracle which established the proof for the Arabs and the world. He did not fear for the verses of the Qur’an that they would be lost because Allah (swt) has preserved the Qur’an with an explicit text:

    إِنَّا نَحْنُ نَزَّلْنَا الذِّكْرَ وَإِنَّا لَهُ لَحَافِظُونَ

    “Verily We: It is We Who have sent down the Zikr (the Qur’an) and surely, We will guard it (from corruption).” (TMQ Al-Hajj: 9)

    Due to the preservation of the Qur’an in its written form and in the memory of the Sahabah after the death of the Messenger the Sahabah initially did not feel the need to compile the Qur’an in one book. This was the case until many of the Huffaz (memorisers of the Qur’an) had been killed in the Riddah (apostasy) wars. Due to this Umar (ra) feared for the loss of certain sheets and death of the Qurra’ (Those who had committed the whole of the Qur’an to memory), thereby causing some verse to be lost. So he thought about bringing the written sheets together (in one compilation). He presented his idea to Abu Bakr (ra) who eventually accepted this and ordered for the compilation of the Qur’an.

    It has been narrated by ‘Ubayd b. al-Sibaq that Zayd b al-Thabit Al-Ansari said: “Abu Bakr sent for me after the (heavy) casualties among the warriors (of the battle) of Yamama (where a great number of Qurra’ were killed). Umar was present with Abu Bakr who said, “Umar has come to me and said, ‘The people have suffered heavy casualties on the day of (the battle of) Yamama, and I am afraid that there will be more casualties among the Qurra’ at other battle-fields, whereby a large part of the Qur’an may be lost, unless you collect it. And I am of the opinion that you should collect the Qur’an.’” Abu Bakr (ra) added, “I said to Umar, ‘How can I do something which Allah’s Apostle has not done?’ Umar said (to me), ‘By Allah, it is (really) a good thing.’ So Umar kept on pressing, trying to persuade me to accept his proposal, till Allah opened my bosom for it and I had the same opinion as Umar.” Zayd b al-Thabit added: “Umar was sitting with him (Abu Bakr) and was not speaking to me. “You are a wise young man and we do not suspect you (of telling lies or of forgetfulness) and you used to write the revelation (Wahy) for Allah’s Apostle. Therefore, look for the Qur’an and collect it (in one manuscript).” “By Allah, if he (Abu Bakr) had ordered me to shift one of the mountains (from its place) it would not have been harder for me than what he had ordered me concerning the collection of the Qur’an. I said to both of them, ‘How dare you do a thing which the Prophet has not done?’ Abu Bakr said, ‘By Allah, it is (really) a good thing. So I kept on arguing with him about it till Allah opened my bosom for that which He had opened the bosoms of Abu Bakr and Umar. So I started locating Quranic material and collecting it from parchments, scapula, leaf-stalks of date palms and from the memories of men (who knew it by heart). I found with Khuzaima two Verses of Surah Al-Tawbah which I had not found with anybody else (in terms of the written form), (and they were):

    لَقَدْ جَاءَكُمْ رَسُولٌ مِنْ أَنْفُسِكُمْ عَزِيزٌ عَلَيْهِ مَا عَنِتُّمْ حَرِيصٌ عَلَيْكُمْ بِالْمُؤْمِنِينَ رَءُوفٌ رَحِيمٌ

    “Verily, there has come unto you a Messenger from amongst yourselves. It grieves him that you should receive any injury or difficulty.” (TMQ At-Tawbah: 128) until the end of Bara’ah.”

    The manuscript of the Quran which was collected, remained with Abu Bakr (ra) until Allah (swt) took him, and then with Umar (ra) during his lifetime, and finally it remained with Hafsa (ra), Umar’s daughter. Zayd’s (ra) compilation of the Qur’an did not consist of what he wrote down from the Huffaz. Rather his compilation brought together what he had written himself in front of the Messenger of Allah (saw). He did not place one sheet with another sheet in order to compile them unless two witnesses testified for that sheet that it was written in the presence of the Messenger of Allah (saw). Furthermore, he did not accept a sheet unless it met two conditions. Firstly, that it was present in written form with one of the Sahabah. Secondly, that it has been memorised by one of the Sahabah. When the written and memorised forms concurred with the sheet that was intended to be compiled, he took it, otherwise he did not accept it. That is why he refrained from taking the end of Surah al-Bara’ah until he found it in written form with Abu Khuzayma even though Zayd could himself recall and remember it. It has been narrated via Yahya b ‘Abd al-Rahman b. Hatib that he said: “Umar stood up and said; whosoever has received anything of the Qur’an from the Messenger of Allah (saw), let him bring it forth. They used to write that on sheets, tablets and palm risp.” Ibn Hatib said: “He (Zayd) did not accept anything from anyone until two witnesses had given testimony. This shows that Zayd was not satisfied by merely finding something in a written form until the one who received it testified that he had heard it from the Messenger of Allah (swt), despite the fact that Zayd already had it memorised. He did this due to his extreme caution.”

    Thus, the process of compilation was nothing other than the bringing together of sheets that had already been written in the presence of the Messenger of Allah (saw) into one book between two covers. The Qur’an used to be written down on sheets but they were separately kept. So Abu Bakr (ra) assembled them in one place. That is why Abu Bakr’s order to compile the Qur’an was not an order to write it down in one Mushaf, rather it was an order to bring the sheets that had been written in the Messenger’s presence together in one place. This was an order to make certain that they are in the same original form by supporting them with the testimonies of two witnesses that they had been written in front of the Messenger of Allah (saw), also that they were in the possession of the Sahabah in written form and they had memorised them. These sheets remained preserved in the possession of Abu Bakr (ra) during his life and then with Umar (ra) during his lifetime and them with Hafsa (ra) the daughter of Umar, the mother of the believers in accordance with Umar’s bequest. From this it becomes clear that Abu Bakr’s compilation of the Qur’an constituted only the bringing together of sheets that had been written in the presence of Allah’s Messenger and it was not an actual compilation of the Qur’an.

    This was regarding the compilation of Abu Bakr. As for the compilation of Uthman (ra), in the third or some say the second year of his Khilafah, in the year 25 AH, Hudhayfa b. al-Yaman (ra) approached Uthman in Madinah at the time when the people of al-Sham and the people of Iraq were waging war to conquer Armenia and Azerbijan. Hudhayfa was afraid of the people of al-Sham and Iraq’s differences in the recitation of the Qur’an. He saw that the people of al-Sham reading according to the recitation of Ubay b. Ka’b (ra), and they were coming with readings the people of Iraq had not heard of. Also he saw the people of Iraq reading according to the recitation of Abdullah b. Mas’ud (ra) and so they had certain readings that the people of al-Sham had not heard of. Thus, they began to charge each other of Kufr (disbelief). They both disagreed about a verse in Surah al-Baqarah. One read:

    وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّهِ

    “And perform properly the hajj and ‘Umra for Allah (wa atimmul hajja wal ‘umrata lillah).” (TMQ Al-Baqarah: 196)

    The other read: “And perform properly the hajj and ‘Umra to the House (of Allah) (wa atimmul hajja wal ‘umrata lil bayt).” So Hudhayfah became angry and his eyes went red with rage. It has been narrated about Hudhayfah that he said: “The people of Kufah adhere to the recitation of Ibn Mas’ud and the people of Basra adhere to the recitation of Abu Musa. By Allah! If I go to the Leader of the Believers I will order him to make it a single recitation.” So he travelled to Uthman (ra). It has been reported by Ibn Shihab that Anas b. Malik (ra) narrated: Hudhaifa bin al-Yaman came to Uthman at the time when the people of Sham and the people of Iraq were waging war to conquer Armenia and Azerbijan. Hudhayfa was afraid of their (the people of Sham and Iraq) differences in the recitation of the Qur’an, so he said to Uthman, “O chief of the Believers! Save this nation before they differ about the Book (Quran) as Jews and the Christians did before.” So Uthman sent a message to Hafsa saying, “Send us the manuscripts of the Qur’an so that we may compile the Qur’anic materials in perfect copies and return the manuscripts to you.” Hafsa sent it to Uthman. Uthman then ordered Zayd bin Thabit, ‘Abd Allah b. al-Zubair, Said b. al-‘As and ‘Abd al-Rahman b. Harith b. Hisham to rewrite the manuscripts in perfect copies. Uthman said to the three Quraishi men, “In case you disagree with Zayd b. al-Thabit on any point in the Qur’an, then write it in the dialect of Quraish, the Qur’an was revealed in their tongue.” They did so, and when they had written many copies, Uthman returned the original manuscripts to Hafsa. Uthman sent to every Muslim province one copy of what they had copied, and ordered that all the other Qur’anic materials, whether written in fragmentary manuscripts or whole copies, be burnt. The number of copies made was seven. The seven Mushafs were sent to Makkah, al-Sham, Yemen, Bahrayn, Basra, Kufa, and one copy was kept in Madina.

    Therefore, Uthman’s action was not the compilation of the Qur’an. Rather it constituted in only the copying and transcription of the same thing transcribed from the Messenger of Allah (saw) as it was. He he did not do anything other than make seven copies from the preserved copy in the possession of Hafsa, mother of the believers and unite the people on this single script and forbade any other script or dictation other than it. The matter became settled on this copy as a script and dictation. It is the same script and dictation in which the sheets were written in the presence of Allah’s Messenger (saw) when the revelation was sent down, and it is the same copy which Abu Bakr (ra) had compiled. Then the Muslims began to make copies from this copy and not any other copy. Nothing remained except the Mushaf of Uthman in its script. When printers came about the Mushaf was printed from this copy with the same script and dictation.

    The difference between the compilation of Abu Bakr and that of Uthman is that the compilation of Abu Bakr took place due to the fear that something would be lost from the Qur’an if any of its memorisers died out.

    As even though it was written on sheets it had not been collected in one place in a single book, thus it was compiled. The compilation of Uthman took place because differences increased regarding aspects of the Qur’an when they read it due to the expansion of the language. This led some to accuse others of making an error. It was feared that the matter would escalate and become seriously worse. So the original compilation was copied seven times and sent to the different Muslim provinces. The Mushaf that we now have before us is the same Mushaf revealed to the Messenger of Allah (saw). It is the same mushaf that Abu Bakr brought together when the sheets were compiled in one place. And it is the same one from which Uthman transcribed the seven copies and ordered for the rest to be burned. It is the same noble Qur’an in its verse arrangement in relation to each other and their arrangment in their respectives Surahs, script and dictation.

    As for the original copy dictated by the Messenger of Allah (saw) from the revelation, those sheets were compiled together and then copied. It remained protected in the possession of Hafsa, mother of the believers until Marwan became the Wali (governor) of Madinah and he tore it up. Since it was not considered binding because copies of the Mushaf had spread everywhere. Ibn Shihab narrated that Salim b. ‘Abdullah b. Umar informed him: That Marwan used to send for Hafsa – i.e. when he was the Amir of Madinah via Mu’awiyya – asking her for the sheets from which the Qur’an was written. She refused to give him it. Salim said: When Hafsa died, while we were returning from her burial Marwan communicated his firm decision to ‘Abdullah b. Umar that he send him that mushaf. So ‘Abdullah b. Umar sent it to him. Marwan ordered it to be destroyed. He said: “I did this because I feared that if it remained with people for a long time then people will have doubts regarding these sheets.”

    Open & Hidden meaning?

    The noble Qur’an does not have a Zaahir (outer) or Baatin (secret) meaning as some claim. It is an Arabic speech, which has come in the tongue of the Arabs. He (swt) said:

    إِنَّا أَنْزَلْنَاهُ قُرْآَنًا عَرَبِيًّا

    “We have sent it down as an Arabic Qur’an.” (TMQ Yusuf: 2)

    بِلِسَانٍ عَرَبِيٍّ مُبِينٍ

    “In the plain Arabic language.” (TMQ Ash-Shu’ara: 195)

    It is understood the same way as any Arabic speech is understood. What Allah (swt) intends by the Qur’an is what has been expressed by the noble Qur’an itself. Allah (swt) did not intend anything other than what was expressed. His intention is only understood from understanding of the syntax. The Arabic meaning is what Allah (swt) intended in His speech, which He (swt) expressed in the Arabic words and Arabic style. Accordingly, the import of the speech is what the speech indicated, through the linguistic proofs and the Shar’i indication mentioned in the Kitaab or Sunnah. This has no ‘outer’ or ‘inner’; it rather has a meaning indicated by the Arabic speech, through the understanding of the Arabic words and styles.

    3.6 The Muhkamaat (clearcut) and Mutashaabihaat (ambiguous)

    The Qur’an is composed of Ayat which are Muhkamaat (clearcut) and Ayat which are Mutashaabihaat (ambiguous), due to the saying of Allah (swt):

    هُوَ الَّذِي أَنْزَلَ عَلَيْكَ الْكِتَابَ مِنْهُ آَيَاتٌ مُحْكَمَاتٌ هُنَّ أُمُّ الْكِتَابِ وَأُخَرُ مُتَشَابِهَاتٌ

    “In it are Verses that are entirely clear, they are the foundations of the Book; and others not entirely clear.” (TMQ Al-Imran: 7)

    As for the Muhkam (clear) part, it is the text whose meaning is apparent and clear such that it precludes the possibility of having any other meaning, i.e. its indication is explicit and not open to interpretation. Such as the saying of Allah (swt):

    وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا

    “Allah has permitted trading and forbidden Riba (usury).” (TMQ Al-Baqarah: 275)

    وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا

    “Cut off (from the wrist joint) the (right) hand of the thief, male or female.” (TMQ Al-Ma’ida: 38)

    وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ

    “And there is (a saving of) life for you in Al-Qisas (the Law of Equality in punishment), O men of understanding.” (TMQ Al-Baqarah: 179)

    As for the Mutashaabih (ambiguous) part, it is the opposite of Muhkam. It is the text which is open to more than one meaning. It is open to a number of conflicting meanings. For example:

    وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ

    “And divorced women shall wait (as regards their marriage) for three menstrual periods.” (TMQ Al-Baqarah: 228)

    أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ

    “Unless they (the women) agree to forego it, or he (the husband), in whose hands is the marriage tie.” (TMQ Al-Baqarah: 237)

    أَوْ لَامَسْتُمُ النِّسَاءَ

    “Or you have been in contact with women.” (TMQ Al-Ma’ida: 6)

    وَيَبْقَى وَجْهُ رَبِّكَ ذُو الْجَلَالِ وَالْإِكْرَامِ

    “And the Face of your Lord full of Majesty and Honour will abide forever.” (TMQ Ar-Rahman: 27)

    فَإِنَّكَ بِأَعْيُنِنَا

    “For verily, you are under Our Eyes.” (TMQ At-Tur: 48)

    He (swt) also said:

    مِمَّا عَمِلَتْ أَيْدِينَا

    “From Our Handiwork” (TMQ Ya-Seen: 71)

    And other such examples, whose wording have a number of conflicting meanings cannot be reconciled. Rather they need a linguistic Qareenah (indication), which would specify one of the meanings. It might also have an apparent meaning that implies anthropomorphisation of Allah (swt), a matter that is not possible, either rationally or by Shar’a, for the word to indicate. So, it needs a linguistic or Shar’i Qareenah (indication) to determine the intended meaning.

    Asbaab an-nuzool (Circumstances of revelation)

    Some jurists have coined the term ‘Asbab an-nuzool’ for incidents that the revelation came to clarify.

    The question arises, do these Ahkam remain specific to these incidents and not go beyond them or do we apply these Ahkam on every similar incident?

    The answer is, these Ahkam are applied on every similar incident and this is established in two ways:

    1. By examining all the Ayat which were revealed clarifying the rules of these incidents we find that they came with expressions that were general and not specific and hence they must be taken in their generality.

    2. The Messenger (saw) took these Ahkam in their generality and applied them on every similar incident.

    So the Ayah of stealing was revealed regarding the theft of Majn or Rida of Safwaan, the Ayah of Zihar with regards to Salamah bint Sakhar or Khawlah bint Tha’labah the wife of Aws b. Saamit, the Ayah of imprecation (Li’aan) regarding Hilal b. Umayyah. Even though they were all revealed regarding specific incidences the Messenger (saw) and the Sahabah (may Allah be pleased with them) took them as general due to their general form and they applied them on every similar incident. This is proven by the Sunnah and Ijma of the Sahabah.

    It was from these evidences that the follwing Shari’ah principle was deduced: ‘The consideration is for the generality of the expression and not for the specificity of the cause’ (Al-‘ibra bi ‘umoom al-lafz laa bi khususiyyat as-sabab).

    Abrogation (Naskh)

    Linguistically abrogation means canceling (Izaalah) or changing the thing and transforming it from one state to another while it still exists in essence.

    Technically, it is the address (Khitaab) of the legislator which prevents the continuation of a Hukm Shar’i of a previous address (Khitaab).

    As for the term abrogator (Naasikh) it may refer to Allah (swt):

    مَا نَنْسَخْ مِنْ آَيَةٍ

    “Whatever a Verse (revelation) do We abrogate.” (TMQ Al-Baqarah: 106)

    Or it may refer to an Ayah: Thus, we say the ‘Ayah of the sword’ (At-Tawbah: 29) abrogated so and so Ayah.

    As for the abrogated (Mansookh) it is the Hukm which has been lifted, like the Hukm which obliges paying the Sadaqah in front of the Messenger (saw) in the confidence of the Messenger (saw), the Hukm of bequests for hiers, the Hukm of waiting for complete year in respect to the widow. In abrogation the Hukm abrogated must be Shar’i and the evidence which indicates the lifting of the Hukm must be Shar’i and come after the address whose Hukm has been abrogated.

    Allah (swt) has informed us of the occurrence of abrogation and the Ahkam which have been abrogated show us its true occurrence.

    مَا نَنْسَخْ مِنْ آَيَةٍ أَوْ نُنْسِهَا نَأْتِ بِخَيْرٍ مِنْهَا أَوْ مِثْلِهَا أَلَمْ تَعْلَمْ أَنَّ اللَّهَ عَلَى كُلِّ شَيْءٍ قَدِيرٌ

    “Whatever a Verse (revelation) do We abrogate or cause to be forgotten, We bring a better one or similar to it. Know you not that Allah is able to do all things?” (TMQ Al-Baqarah: 106)

    وَإِذَا بَدَّلْنَا آَيَةً مَكَانَ آَيَةٍ وَاللَّهُ أَعْلَمُ بِمَا يُنَزِّلُ قَالُوا إِنَّمَا أَنْتَ مُفْتَرٍ بَلْ أَكْثَرُهُمْ لَا يَعْلَمُونَ

    “And when We change a Verse in place of another, and Allah knows the best of what He sends down, they (the disbelievers) say: you (O Muhammad [saw]) are but a liar. Nay but most of them know not.” (TMQ An-Nahl: 101)

    Sheikh Ata ibn Khalil Abu al-Rashta in his excellent book ‘Teyseer al wusool Ila al-Usul’ (To make understanding Usul easy) lists the following types of abrogation:

    a) Abrogation of the Hukm of the speech (Khitaab) without an alternative Hukm:

    يَا أَيُّهَا الَّذِينَ آَمَنُوا إِذَا نَاجَيْتُمُ الرَّسُولَ فَقَدِّمُوا بَيْنَ يَدَيْ نَجْوَاكُمْ صَدَقَةً ذَلِكَ خَيْرٌ لَكُمْ وَأَطْهَرُ فَإِنْ لَمْ تَجِدُوا فَإِنَّ اللَّهَ غَفُورٌ رَحِيمٌ (12) أَأَشْفَقْتُمْ أَنْ تُقَدِّمُوا بَيْنَ يَدَيْ نَجْوَاكُمْ صَدَقَاتٍ فَإِذْ لَمْ تَفْعَلُوا وَتَابَ اللَّهُ عَلَيْكُمْ فَأَقِيمُوا الصَّلَاةَ وَآَتُوا الزَّكَاةَ وَأَطِيعُوا اللَّهَ وَرَسُولَهُ وَاللَّهُ خَبِيرٌ بِمَا تَعْمَلُونَ

    “O you who believe! When you (want to) consult the Messenger (Muhammad [saw]) in private, spend something in charity before your private consultation. That will be better and purer for you. But if you find not the means for it, then verily, Allah is oft forgiving, Most Merciful. Are you afraid of spending in charity before your private consultation with him? If then you do it not, and Allah has forgiven you, then (at least) perform Salat and give Zakat and obey Allah and His Messenger. And Allah is All-Aware of what you do.” (TMQ Al-Mujadallah: 12-13)

    This is an abrogation of giving charity before consulting the Messenger (saw) in private.

    b) Abrogation with a lighter alternative:

    The ratio of steadfastness goes from 1-10 to 2-10:

    يَا أَيُّهَا النَّبِيُّ حَرِّضِ الْمُؤْمِنِينَ عَلَى الْقِتَالِ إِنْ يَكُنْ مِنْكُمْ عِشْرُونَ صَابِرُونَ يَغْلِبُوا مِائَتَيْنِ وَإِنْ يَكُنْ مِنْكُمْ مِئَةٌ يَغْلِبُوا أَلْفًا مِنَ الَّذِينَ كَفَرُوا بِأَنَّهُمْ قَوْمٌ لَا يَفْقَهُونَ

    “O Prophet (Muhammad [saw])! Urge the believers to fight. If there are twenty steadfast persons amongst you, they will overcome two hundred, and if there be a hundred steadfast persons they will overcome a thousand of those who disbelieve, because they (the disbelievers) are people who do not understand.” (TMQ Al-Anfal: 65)

    الْآَنَ خَفَّفَ اللَّهُ عَنْكُمْ وَعَلِمَ أَنَّ فِيكُمْ ضَعْفًا فَإِنْ يَكُنْ مِنْكُمْ مِئَةٌ صَابِرَةٌ يَغْلِبُوا مِائَتَيْنِ وَإِنْ يَكُنْ مِنْكُمْ أَلْفٌ يَغْلِبُوا أَلْفَيْنِ بِإِذْنِ اللَّهِ وَاللَّهُ مَعَ الصَّابِرِينَ

    “Now Allah has lightened your (task), for He knows that there is weakness in you. So if there are of you a hundred steadfast persons, they shall overcome two hundred…” (TMQ Al-Anfal: 66)

    c) Abrogation with a similar alternative Hukm:

    The abrogation of facing Al-Quds to facing the Ka’bah in Makkah:

    قَدْ نَرَى تَقَلُّبَ وَجْهِكَ فِي السَّمَاءِ فَلَنُوَلِّيَنَّكَ قِبْلَةً تَرْضَاهَا فَوَلِّ وَجْهَكَ شَطْرَ الْمَسْجِدِ الْحَرَامِ وَحَيْثُ مَا كُنْتُمْ فَوَلُّوا وُجُوهَكُمْ شَطْرَهُ وَإِنَّ الَّذِينَ أُوتُوا الْكِتَابَ لَيَعْلَمُونَ أَنَّهُ الْحَقُّ مِنْ رَبِّهِمْ وَمَا اللَّهُ بِغَافِلٍ عَمَّا يَعْمَلُونَ

    “Verily! We have seen the turning of your (Muhammad [saw]) face towards the heaven. Surely We shall turn you to a Qiblah (prayer direction) that shall please you, so turn your face in the direction of al-masjid al-haraam. And whosesoever you people are, turn your faces in prayer in that direction.” (TMQ Al-Baqarah: 144)

    d) Abrogation with a more difficult alternative Hukm.

    In the beginning of Islam it was obligatory to confine women who have committed fornication to houses and punish them as a Hadd for committing zina. This has been abrogated by the Hukm which is well known:

    وَاللَّاتِي يَأْتِينَ الْفَاحِشَةَ مِنْ نِسَائِكُمْ فَاسْتَشْهِدُوا عَلَيْهِنَّ أَرْبَعَةً مِنْكُمْ فَإِنْ شَهِدُوا فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّى يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللَّهُ لَهُنَّ سَبِيلًا (15) وَاللَّذَانِ يَأْتِيَانِهَا مِنْكُمْ فَآَذُوهُمَا فَإِنْ تَابَا وَأَصْلَحَا فَأَعْرِضُوا عَنْهُمَا إِنَّ اللَّهَ كَانَ تَوَّابًا رَحِيمًا (16)

    “And if they testify, confine them (ie women who have committed fornication) to houses until death comes to them or Allah ordains for them some (other) way. And the two persons among you who commit illegal sexual intercourse, punish them both. And if they repent (promise Allah that they will never repeat, ie commit illegal sexual intercourse and other similar sins) and do righteous good deeds, leave them alone.” (TMQ An-Nisa:15 -16)

    Another example is the abrogation of the fast of ‘‘Ashura for the fast of Ramadhan.

    ‘Aisha (ra) narrated that; in the time of Jahiliyyah the Quraysh used to fast the day of ‘‘Ashura. And the Messenger (saw) used to fast on this day as well. When the Messenger (saw) went to Madinah he fasted on this day and instructed the people to fast as well. When Ramadhan became obligatory, he (saw) said:

    «من شاء صامه ومن شاء تركه»

    “Whosoever wishes to fast on this day let him fast and whosoever wants let him leave it.” (Bukhari & Muslim)

    It is important to know what is abrogated, is the Hukm and not the recitation, this is what has been proven. Thus we can see the abrogation of the Hukm of the one year ‘Iddah period and the abrogation of bequests by parents. As for the two Ayat which have been abrogated, they are still recited and this is the case for the rest of the abrogated Ayat. As for the abrogation of recitation, such a case is not to be found. The absence of this type of abrogation is an evidence to say it is not allowed.

    As for the Ahadith mentioned regarding this subject they are all Ahad (singular) narrations which cannot be relied upon in matters of ‘Aqeedah.

    e) How abrogation takes place

    First: Abrogation of the Qur’an with Qur’an:

    The abrogation of giving Sadaqah before private consultation with the Messenger (saw).

    Similarly, the one year’s ‘Iddah has been changed to 4 months and 10 days.

    Allah (swt) said:

    وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا وَصِيَّةً لِأَزْوَاجِهِمْ مَتَاعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلَا جُنَاحَ عَلَيْكُمْ فِي مَا فَعَلْنَ فِي أَنْفُسِهِنَّ مِنْ مَعْرُوفٍ وَاللَّهُ عَزِيزٌ حَكِيمٌ

    “And those of you who die and leave behind wives should bequeath for their wives a year’s maintenance and residence without turning them out, but if they (wives) leave, there is no sin on you for that which they do of themselves, provided it is honourable. And Allâh is All-Mighty, All-Wise.” (TMQ Al-Baqarah: 240)

    He (swt) said:

    وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا

    “And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days…” (TMQ Al-Baqarah: 234)

    The same goes for the Ahkam mentioned previously.

    Second: Abrogation of the Sunnah by Sunnah.

    This is when one Mutawaatir abrogates another Mutaawatir, an Ahad (singular) narration is abrogated by Mutawaatir or an Ahad is abrogated by another Ahad narration. Like the Ahadith of the Prophet (saw):

    «كُنْتُ قَدْ نَهَيْتُكُمْ عَنْ زِيَارَةِ الْقُبُورِ، أَلاَ فَزُورُوهَا»

    “I used to forbid you from visiting the graves, now you should visit them.” (Muslim, Tirmidhï, Abu Dàwud & al-Nasa’i)

    «إِذَا شَرِبَ فِي الرَّابِعَةِ فَاقْتُلُوهُ»

    “If he drinks the fourth time (after being punished each time) then kill him.”[2]

    «كنت نهيتكم عن ادخار لحوم الأضاحى لأجل الدافة فادخروها»

    “I used to forbid you from storing away the sacrificial meat because of the large crowds. Now you may store it as you wish.” (Bukhari & Muslim)

    Third: Abrogation of Sunnah by the Qur’an:

    The Hukm of facing Al-Quds was abrogated by the Qur’an:

    وَجْهَكَ شَطْرَ الْمَسْجِدِ الْحَرَامِ

    “…so turn your face in the direction of al-Masjid al-haraam.” (TMQ Al-Baqarah: 144)

    Also, having sexual intercourse at night was Haram for the one who fasted during the day according to the Sunnah. This was abrogated by the following saying of Allah (swt):

    فَالْآَنَ بَاشِرُوهُنّ

    “So now have sexual relations with them…” (TMQ Al-Baqarah: 187)

    The fast of ‘Ashura was established by the Sunnah but abrogated by the Qur’an with the obligation to fast in Ramadhan.

    Similarly, it was allowed to delay the prayer in the thick of battle according to the Sunnah. That is why the Messenger (saw) said on the day of Khandaq after delaying the Salah:

    «حشا الله قبورهم نارا»

    “May Allah fill their graves with Fire’ as they prevented him from praying the Salah.” (Muslim, Ahmad & Abu Ya’la)

    This was abrogated by the Salat-ul-khawf (the Salah of fear) which was mentioned in the Qur’an:

    وَإِذَا كُنْتَ فِيهِمْ فَأَقَمْتَ لَهُمُ الصَّلَاةَ

    “When you (O Messenger Muhammad [saw]) are among them, and lead them in as-salah (the prayer)…” (TMQ An-Nisa: 102)

    Fourth: It is not allowed to abrogate the Hukm established by Ijma.

    This is because for a Hukm to be established by Ijma means a Hadith has not been narrated about it even though the Sahabah knew the Hadith but did not report it. They mentioned the Hukm without narrating the hadith. So for a Hukm to be established by Ijma means that there is no text for it in the Kitab and Sunnah, therefore, there is no possibility for a text to abrogate a Hukm established by Ijma.

    Fifth: Abrogating the Hukm of Qiyas.

    Abrogation does not occur in Hukm of Qiyas at all. This is because the recognised Qiyas is where its ‘Illah is Shar’i one i.e. it is the reason of the Hukm whether it is explicit (Sareeh), implicit, deduced or through analogy. Such an ‘Illah is taken from a Daleel, either from the Qur’an, Sunnah or Ijma as-Sahabah. The Qiyas remains as long as there is a daleel. It is not possible for abrogation to take place with regards to a Hukm deduced through analogy as long as the original matter exists. However, if the original matter is abrogated then there will be no Qiyas since the ‘Illah ceases to exist. However, in such a case it would not be abrogation of the Hukm of Qiyas, rather it would be abrogation of the Hukm established by the Kitab, Sunnah and Ijma.

    Sixth: It is not allowed for the Kitab to be abrogated by the Mutawaatir Sunnah.

    Although the Mutawaatir Hadiths are Qata’i (definite) they cannot abrogate the Qur’an for the following reasons:

    1. Allah (swt) says:

    وَإِذَا بَدَّلْنَا آَيَةً مَكَانَ آَيَةٍ

    “And when We change a verse in place of another.” (TMQ An-Nahl: 101)

    This means changing a Hukm established by an Ayah abrogates a Hukm established by another Ayah.

    2. Allah (swt) says:

    مَا نَنْسَخْ مِنْ آَيَةٍ أَوْ نُنْسِهَا نَأْتِ بِخَيْرٍ مِنْهَا أَوْ مِثْلِهَا

    “Whatever a Verse (revelation) do We abrogate or cause to be forgotten, We bring a better one or similar to it.” (TMQ Al-Baqarah: 106)

    The personal pronoun (We bring) refers to Allah (swt) i.e. the one who abrogates the Ayah is Allah (swt) and we know the Sunnah was brought by the Messenger (saw). This is because the wording of the Sunnah belongs to the Messenger (saw) and the wording of the Qur’an belongs to Allah. Even though the meaning of the Kitab and Sunnah are both revelations from Allah (swt), however the Sunnah is ascribed to the Messenger (saw) in terms of speech and the Qur’an is the speech of Allah (swt). Thus, the Hukm of an Ayah is abrogated only by another Ayah.

    3. Allah (swt) says:

    بِالْبَيِّنَاتِ وَالزُّبُرِ وَأَنْزَلْنَا إِلَيْكَ الذِّكْرَ لِتُبَيِّنَ لِلنَّاسِ مَا نُزِّلَ إِلَيْهِمْ وَلَعَلَّهُمْ يَتَفَكَّرُونَ

    “And We have also sent down unto you (O Muhammad [saw]) the reminder and the advice (the Qur’an), that you may explain clearly to men what has been sent down to them.” (TMQ An-Nahl: 44)

    So the Messenger (saw) explains the Ayat that have been revealed but he does not abrogate them. This is because abrogation means lifting the Hukm and not giving a clear explanation (bayaan) of the Hukm.

    For all of these reasons the Mutawaatir Sunnah cannot abrogate Qur’an.

    So by greater reason (Min Bab awla) the Qur’an cannot be abrogated by the Ahad (singular narrations) of the Sunnah. As in addition to what we have said about the Mutawaatir Sunnah the singular narrations are Dhanni (speculative) and the definite (Qata’i) cannot be abrogated by the speculative (Dhanni). However a hadith may specify a rule mentioned in the Quran such as the specification of lashing for the unmarried fornicator as the Sunnah stipulates stoning for the married adulterer.

    Similarly, the Mutawaatir Sunnah cannot be abrogated by the Ahad (singular) narrations of the Sunnah, because the Mutawaatir is stronger than the Ahad. The definite report is not removed by the speculative report.

    As for those who say turning from the direction of al-Quds for the Salah was established by the Mutawaatir Sunnah. This is because the people of Quba used to pray towards al-Quds based on the Mutawaatir Sunnah but when this was abrogated when a caller sent by the Messenger of Allah (saw) came and announced that the Qibla had changed. So they turned towards the direction of the Ka’ba based on his report and the Messenger (saw) did not object. The answer to this claim is that the abrogation of facing al-Aqsa was through the Qur’an as it was mentioned previously and the caller was only informing them of what had happened i.e. he informed the people about a new Hukm Shar’i.

    [1] Al-Ihkaam, al-Aamidi 1/28, Rawdat al-Nathir, Ibn- Qudama al-Maqdisi 1/178
    [2] Abu Dawud, Book 38, Number 4469

  • Refutation of the Iranian Constitution

    The following is a useful article written by a brother some years ago.

    Islam is unique. It is a religion yet its scope extends beyond the spiritual relationship with Allah. It is an ideology which includes a spiritual dimension which sets it apart from man made ideologies. It combines the spiritual elements with the social, political, economic and legal holistic system. It connects this life with the hereafter. Islam is divine, yet its laws are applied by humans. Its ruling system is not a theocracy where by the ruler governs in the name of and on the behalf of God. Nor does Islam recognize a clerical class which reserves the right to speak for representing God.

    The following is a study of the constitution of Iran to find out the truth regarding Iran, weather it is a true Islamic State or not. Important thing to remember is that for any country to claim itself to be Islamic, all of its laws has to have Daleel Shar¹i i.e. evidence from the Qur¹an, Sunnah, Qiyas and Ijma as-Sahabah through Ijtihad. What renders any ruling, judgment or idea Islamic is not its use of Islamic terminology or it coming from an Islamic scholar, but its reliance on and derivation from an authentic Daleel through a correct process of Ijtihad.

    The constitution of the Islamic Republic of Iran has many articles which comply with Islam but there others which directly conflict with it. This article points out the articles which are contradict Islam.

    It is important to point out that for a constitution to be an Islamic, not even a single article or part of it can contradict Islamic laws (Shari’yah).

    Enemies of Islam have been working day and night to prevent the real Islamic State from emerging in the world. To achieve this goal, they have given us the so called suto Islamic States. The author of the constitution of the Islamic Republic of Iran wrote a constitution for an Iranian State not for an Islamic State. He introduced many Islamic articles in the constitution. But it is still a constitution for Iran and not for an Islamic State.

    Having a constitution for Iran and thinking that it is a constitution for an Islamic State causes lots of damage to Muslims because it direct their attention away from their duty to establish the Islamic State.

    Islam has a unique form of government by which Muslims should rule themselves with.

    Here are some of the points in the Iranian constituion which are conflict with Islam:

    Article 1: The form of government of Iran is that of an Islamic Republic, endorsed by the people of Iran on the basis of their long-standing belief in the sovereignty of truth and Qur’anic justice, in the referendum of Farwardin 9 and 10 in the year 1358 of the solar Islamic calendar, corresponding to Jamadi al-‘Awwal 1 and 2 in the year 1399 of the lunar Islamic calendar (March 29 and 30, 1979], through the affirmative vote of a majority of 98.2% of eligible voters, held after the victorious Islamic Revolution led by the eminent marji’ al-taqlid, Ayatullah al-Uzma Imam Khomeyni.Comments: Republic is a non Islamic form of government in which people hire a ruler to rule them by laws made by people or by their representatives.

    The executive branch in this system is normally run by an elected official for a given term.

    In Islam a head of the state (Khalif or Imam) is selected by the Muslims. Then the Muslims give him a pledge or allegiance that they will listen and obey him as long as he is ruling by the Book (Qur’an) and the Sunnah of his prophet (saaw). As long as he is doing that he continues to rule for the duration of his life.

    If he does not rule by the Book and the Sunnah of the Prophet, then he will be removed from the ruling position . Islam has the procedures on how to do that.

    Article 5: During the Occultation of the Wali al-Asr (may God hasten his reappearance), the wilayah and leadership of the Ummah devolve upon the just (‘adil] and pious [muttaqi] faqih, who is fully aware of the circumstances of his age; courageous, resourceful, and possessed of administrative ability, will assume the responsibilities of this office in accordance with Article 107.

    This article conflicts directly with the Islamic form of government in that this article allows for dual leadership Wilayat Al-Amr and the head of the State. In Islam it is the same function performed by one person only, weather you call him Khalifah or Imam or Ameer Al-Moumineen etc. However he should not be called by title which implies or indicates a form of government other than Islam.

    Authority and responsibility in this article are completely lost between several uncoordinated positions. Islam is a unique system in which the responsibility of the state falls on the shoulders of the Khalifah.

    Article 6: In the Islamic Republic of Iran, the affairs of the country must be administered on the basis of public opinion expressed by the means of elections, including the election of the President, the representatives of the Islamic Consultative Assembly, and the members of councils, or by means of referenda in matters specified in other articles of this Constitution.It indicates that “running of the affairs of the country is based on the opinions of the masses through elections”.

    In Islam, the running of the affairs of the country is based on the Shari¹yah itself not on the opinions of the people.

    Article 9: In the Islamic Republic of Iran, the freedom, independence, unity, and territorial integrity of the country are inseparable from one another, and their preservation is the duty of the government and all individual citizens. No individual, group, or authority, has the right to infringe in the slightest way upon the political, cultural, economic, and military independence or the territorial integrity of Iran under the pretext of exercising freedom. Similarly, no authority has the right to abrogate legitimate freedoms, not even by enacting laws and regulations for that purpose, under the pretext of preserving the independence and territorial integrity of the country.This constitution has very general and vague statement about freedom and independence.

    The Muslim is restricted by Islamic rules. He cannot revert from Islam. So he does not have the freedom of belief as understood in the western world etc. The concept of freedom in Islam is that freedom is the opposite of slavery. Independence: Does that imply within present borders? This is not acceptable in Islam. The country is the country of Islam. Consequently all Muslim lands should be annexed.

    Article 12: The official religion of Iran is Islam and the Twelver Ja’fari school [in usual al-Din and fiqh], and this principle will remain eternally immutable. Other Islamic schools, including the Hanafi, Shafi’i, Maliki, Hanbali, and Zaydi, are to be accorded full respect, and their followers are free to act in accordance with their own jurisprudence in performing their religious rites. These schools enjoy official status in matters pertaining to religious education, affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in courts of law. In regions of the country where Muslims following any one of these schools of fiqh constitute the majority, local regulations, within the bounds of the jurisdiction of local councils, are to be in accordance with the respective school of fiqh, without infringing upon the rights of the followers of other schools.This article indicate that “the official religion in Iran is Islam and the twelfth Jaafary sect.” And, “this principle will remain eternally immutable” meaning this article can never be changed!

    The “and” does it mean that the Jaafary sect is something other than Islam? Also not being changeable for ever; what if it proved to be wrong at a later date.

    Article 15: The official language and script of Iran, the lingua franca of its people, is Persian. Official documents, correspondence, and texts, as well as text-books, must be in this language and script. However, the use of regional and tribal languages in the press and mass media, as well as for teaching of their literature in schools, is allowed in addition to Persian.

    Article 16: Since the language of the Qur’an and Islamic texts and teachings is Arabic, and since Persian literature is thoroughly permeated by this language, it must be taught after elementary level, in all classes of secondary school and in all areas of study.Articles 15 and 16 specifiy “Persian language as official language” and then “teach Arabic as a second language starting after the elementary stage”.

    According to Islam the Arabic language should be the official language.

    Article 18: The official flag of Iran is composed of green, white and red colors with the special emblem of the Islamic Republic, together with the motto [Allah-o Akbar].

    The type of flag described in this article are not allowed in Islam. There are legislative sources in Islam describing the flag of an Islamic State.

    Article 23: The investigation of individuals’ beliefs is forbidden, and no one may be molested or taken to task simply for holding a certain belief. This article indicate “freedom of belief”Islam has certain restrictions on that for Muslims.

    Article 25: Examination of (the contents of), and non-delivery of, letters; recording and divulging of telephone conversations; disclosure of telegraphic or telex communications; censorship, pruning or non-transmission of messages; tapping and bugging and any kind of investigation are all forbidden, unless when so ordered by the law.”Prohibit spying on people except by law.”There is no law in Islam which allows spying on people in the Islamic State.

    Article 29: Every person is entitled to the enjoyment of Social Security. This covers retirement, unemployment, old age, being laid off (AZ KAR OFTADEGI), being without a guardian, casual misfortune, accidents, and occurrences giving rise to the need for health services and medical care and treatment, through insurance etc.”Social Securities”

    Social Securities is patch up job in the democratic system. In Islam the system itself provide for all these situations with a unique way unmatched by man made systems.

    Article 41: Citizenship of Iran is the unquestioned right of all Iranians. The Government may not deprive any Iranian of his citizenship, except at their own request, or if they take up citizenship of another country.This indicate that the “Iranian citizenship is an absolute right to every Iranian….etc.”

    In Islam there is no Iranian, Iraqi, Arab… etc. citizenship. There is a citizenship of the Islamic State. Do not forget that all these borders are established by our enemies. Why should we protect these borders for them.

    Article 56: Absolute sovereignty over the world and man belongs to God, and it is He Who has made man master of his own social destiny. No one can deprive man of this divine right, nor subordinate it to the vested interests of a particular individual or group. The people are to exercise this divine right in the manner specified in the following articles.

    God did not give man the right to rule over his destiny. God ordered man to obey God and His Prophet (saaw). Social destiny is a legislative matter. It is from God because the legislator in Islam is God.

    Article 57 : The powers of government in the Islamic Republic are vested in the legislature, the judiciary, and the executive powers, functioning under the supervision of the absolute wilayat al-‘amr and the leadership of the Ummah, in accordance with the forthcoming articles of this Constitution. These powers are independent of each other.

    This type of authority distribution is the basis of the democratic system. It became so engraved in our minds that we take it for granted.Legislation in Islam is from gods Laws are taken from the Book and the Sunnah of the prophet and applied by the head of the state. If he does not, he will be removed from the ruling position. Islam has the procedures on how to do that.

    Article 60:The functions of the executive, except in the matters that are directly placed under the jurisdiction of the Leadership by the Constitution, are to be exercised by the president and the ministers.

    This is exactly like democratic system. Islam has a unique system of execution (see structure of Islamic ruling)

    Article 65: After the holding of elections, sessions of the Islamic Consultative Assembly are considered legally valid when two-thirds of the total number of members are present. Drafts and bills will be approved in accordance with the code of procedure approved by it, except in cases where the Constitution has specified a certain quorum. The consent of two-thirds of all members present is necessary for the approve of the code of procedure of the Assembly.

    This is taken from the democratic system, similar legislation is used in England, France and U.S. Islam has completely different structure of shoura. (see proposed Islamic constitution articles 101 through 107)

    Article 67: Members of the Assembly must take the following oath at the first session of the Assembly and affix their signatures to its text: In the Name of God, the Compassionate, the Merciful. In the presence of the Glorious Qur’an, I swear by God, the Exalted and Almighty, and undertake, swearing by my own honor as a human being, to protect the sanctity of Islam and guard the accomplishments of the Islamic Revolution of the Iranian people and the foundations of the Islamic Republic; to protect, as a just trustee, the honor bestowed upon me by the people, to observe piety in fulfilling my duties as people’s representative; to remain always committed to the independence and honor of the country; to fulfill my duties towards the nation and the service of the people; to defend the Constitution; and to bear in mind, both in speech and writing and in the expression of my views, the independence of the country, the freedom of the people, and the security of their interests.Members belonging to the religious minorities will swear by their own sacred books while taking this oath. Members not attending the first session will perform the ceremony of taking the oath at the first session they attend.

    There are many wrong concepts like dependence on human dignity instead of duty to obey Allah. Preservation of gains of Iranian Nation (not Muslim!) glory of the country.

    Article 77: International treaties, protocols, contracts, and agreements must be approved by the Islamic Consultative Assembly.

    This is not a function of the shura council in Islam.

    This is influenced by the two house system used in US or parliamentary system used in France and other countries.

    Article 78: All changes in the boundaries of the country are forbidden, with the exception of minor amendments in keeping with the interests of the country, on condition that they are not unilateral, do not encroach on the independence and territorial integrity of the country, and receive the approval of four-fifths of the total members of the Islamic Consultative Assembly.In Islam, this is absolutely Haram. The concept of having permanent borders is foregin to Islam.

    This is something imposed on the Muslims by their enemies.

    Article 79: The proclamation of martial law is forbidden. In case of war or emergency conditions akin to war, the government has the right to impose temporarily certain necessary restrictions, with the agreement of the Islamic Consultative Assembly. In no case can such restrictions last for more than thirty days; if the need for them persists beyond this limit, the government must obtain new authorization for them from the Assembly.

    THIS NOT ACCEPTABLE. ISLAM HAS TO BE APPLIED AT ALL TIMES. This is similar to parliamentary systems in England and France. Islam has a unique form of government where this does not apply.

    Article 87: The President must obtain, for the Council of Ministers, after being formed and before all other business, a vote of confidence from the Assembly. During his incumbency, he can also seek a vote of confidence for the Council of Ministers from the Assembly on important and controversial issues.This article deals with “vote of initiation on trust of the assembly in the cabinet.” This is also taken from man made systems applied in most Western countries.

    Article 91: With a view to safeguard the Islamic ordinances and the Constitution, in order to examine the compatibility of the legislation passed by the Islamic Consultative Assembly with Islam, a council to be known as the Guardian Council is to be constituted with the following composition:

    1. six ‘adil fuqaha’ conscious of the present needs and the issues of the day, to be selected by the Leader, and
    2. six jurists, specializing in different areas of law, to be elected by the Islamic Consultative Assembly from among the Muslim jurists nominated-by the Head of the Judicial Power.

    Artticle 91: deals with protecting Islamic rulings by forming a committee from scholars in Islam and scholars in man made law. Islam is complete, you do not need the man made law scholars unless you want to apply the man made law.

    Article 107-110 : Deal with “The leadership, President and Leadership council”.

    Experts elected by the people cannot and should not select 3 to 5 persons to run the country. It has to be one person who in turn can assign as many assistants as needed.

    There is complete confusion about leaders and head of the state, and responsibilities.

    In Islam there is one head of the state whose responsibility is to apply the Islamic Shari¹yah.

    For detailed analysis see ruling structure in Islam.

    Article 113 : After the office of Leadership, the President is the highest official in the country. His is the responsibility for implementing the Constitution and acting as the head of the executive, except in matters directly concerned with (the office of) the Leadership. Deals with the president of the republic .

    This is a ruling structure completely different from the ruling structure of Islam.

    Article 114 :The President is elected for a four-year term by the direct vote of the people. His re-election for a successive term is permissible only once.

    This is exactly like US constitution. In Islam there is a Khalif who stays in his position as long as he is able to perform it and as long as he is applying the Islamic Shari¹yah.

    Article 115 :The President must be elected from among religious and political personalities possessing the following qualifications: Iranian origin; Iranian nationality; administrative capacity and resourcefulness; a good past-record; trustworthiness and piety; convinced belief in the fundamental principles of the Islamic Republic of Iran and the official religion of the country.

    This relates to the “qualifications of the president”

    “He has to be of Iranian origin and be Iranian national…etc. and to be believing the principles of the Islamic Republic and the official sect of the state.”

    Being of an Iranian Origin and Iranian national is an indication that the constitution is for Iranian Republic with Islam as its religion, not a constitution for an Islamic State which will annex all Muslim land to rule by Islam. Boarders between Moslems are not accepted by Islam.

    Article 121 : The President must take the following oath and affix his signature to it at a session of the Islamic Consultative Assembly in the presence of the head of the judicial power and the members of the Guardian Council:

    “In, the Name of God, the Compassionate, the Merciful, I, as President, swear, in the presence of the Noble Qur’an and the people of Iran, by God, the Exalted and Almighty, that I will guard the official religion of the country, the order of the Islamic Republic and the Constitution of the country; that I will devote all my capacities and abilities to the fulfillment of the responsibilities that I have assumed; that I will dedicate myself to the service of the people, the honor of the country, the propagation of religion and morality, and the support of truth and justice, refraining from every kind of arbitrary behavior; that I will protect the freedom and dignity of all citizens and the rights that the Constitution has accorded the people; that in guarding the frontiers and the political, economic, and cultural independence of the country I will not shirk any necessary measure; that, seeking help from God and following the Prophet of Islam and the infallible Imams (peace be upon them), I will guard, as a pious and selfless trustee, the authority vested in me by the people as a sacred trust, and transfer it to whomever the people may elect after me.”

    The oath is made in front of the Koran and in front of the Iranian Nation. This is an indication that the constitution is made for an Iranian Nation with Islam as its religion, not for an Islamic state.

    There is also many unclear statements about nation, public, moral…etc.

    Article 124 : The President may have deputies for the performance of his constitutional duties. With the approval of the President, the first deputy of the President shall be vested with the responsibilities of administering the affairs of the Council of Ministers and coordination of functions of other deputies.

    This is the way done in the western systems. This article is influenced by the French System and very far from the Islamic form of government.

    Article 125 – 130 : Authority of the president Exactly according to the western systems. Ruling should be by Islamic system. The responsibility and authority is given to a Khalifah who in turn use assistants as needed.

    Article 133 – 138: Deals with Prime Minister and Ministers. All of this is based on man made laws applied in the western world. Islamic ruling structure is completely different.

    Article 139 : The settlement, of claims relating to public and state property or the referral thereof to arbitration is in every case dependent on the approval of the Council of Ministers, and the Assembly must be informed of these matters. In cases where one party to the dispute is a foreigner, as well as in important cases that are purely domestic, the approval of the Assembly must also be obtained. Law will specify the important cases intended here.

    This is based on man made laws. In Islam this is by Mahkamat Al-Madalem.

    Article 142 : The assets of the Leader, the President, the deputies to the President, and ministers, as well as those of their spouses and offspring, are to be examined before and after their term of office by the head of the judicial power, in order to ensure they have not increased in a fashion contrary to law.

    This is conflicting with article 37 which says that the basis is the innocency except if proved guilty.

    Article 143 : The Army of the Islamic Republic of Iran is responsible for guarding the independence and territorial integrity of the country, as well as the order of the Islamic Republic.

    Related to the responsibility of the Army “Protect the unity of the land of the nation” this is not defined. Is it referring to present boarders imposed on us by the British.

    Article 145 : No foreigner will be accepted into the Army or security forces of the country.

    What is the definition of foreigner here. Is a Muslim Syrian or Muslim Iraqi is a foreigner?

    Article 152 :The foreign policy of the Islamic Republic of Iran is based upon the rejection of all forms of domination, both the exertion of it and submission to it, the preservation of the independence of the country in all respects and its territorial integrity, the defence of the rights of all Muslims, non-alignment with respect to the hegemonist superpowers, and the maintenance of mutually peaceful relations with all non-belligerent States.

    “Positive neutrality” Is a concept introduced by the United States in Bandong conference in 1956.

    The Islamic state can never be in a position of neutrality on continuous basis. But also it is not allowed to support any Kufr system.

    Beside Dar Al Islam, there is Dar Al Kufr, Dar Al Kufr can be one of two cases:

    1) Case of treaty. That is allowed. But it has to have time term. It cannot be permanent.
    2) Dar Al-Harb. That is a condition of war even if combat or fighting is not taking place.

    Article 154: The Islamic Republic of Iran has as its ideal human felicity throughout human society, and considers the attainment of independence, freedom, and rule of justice and truth to be the right of all people of the world. Accordingly, while scrupulously refraining from all forms of interference in the internal affairs of other nations, it supports the just struggles of the mustad’afun against the mustakbirun in every corner of the globe.

    Related to not interfering with internal affairs with other nations but protect the struggle of the weak against tyrants in any place in the world.

    This is giving up the most important duty of annexing all Moslem land and patching the wrong conditions in Dar Al-Kufr.

    Article 155: The government of the Islamic Republic of Iran may grant political asylum to those who seek it unless they are regarded as traitors and saboteurs according to the laws of Iran.

    This is from the western legislation. In Islam the Islamic State can give those who do not have its citizenship a permit to stay less than one year, after that he has to pay Jiziah and become a citizen, otherwise he has to leave.

    Article 168: Political and press offenses will be tried openly and in the presence of a jury, in courts of justice. The manner of the selection of the jury, its powers, and the definition of political offenses, will be determined by law in accordance with the Islamic criteria.

    In Islam there is no jury trials, however arbitration is allowed. Note that arbitration is not jury trial.

    Article 172: Military courts will be established by law to investigate crimes committed in connection with military or security duties by members of the Army, the Gendarmerie, the police, and the Islamic Revolution Guards Corps. They will be tried in public courts, however, for common crimes or crimes committed while serving the department of justice in executive capacity. The office of military prosecutor and the military courts form part of the judiciary and are subject to the same principles that regulate the judiciary.

    Related to “Military courts are formed for cases related to military people”

    In Islam there is no such separation in courts. Courts might be specialized in certain cases but not according to the job of the person, there are no special courts for civilians and others for military.

  • The importance of independent thinking & grasping the culture

    The following is a transcript of a session delivered by a brother.

    It is possible that sometimes there is a deficiency in some of the Da’wah carriers. This weakness is in understanding the culture and the way we study in the Halaqaat and also the general reading and discussions, this results in problems in the Da’wah.

    When the general culture level of the Da’wah carriers becomes weak, it creates a number of problems and has dangerous consequences.

    When the Halaqat are not given in the same level as originally intended by the pioneers of the Da’wah. And when the cultural level is weak. Each resulting Halaqah will create a new halaqah of a new generation of Da’wah carriers that are culturally weaker that its predecessor, the thoughts and culture become watered down and diluted losing the original pure taste of the concepts.

    Although activity of the Da’wah is essential, it is important to understand that our Da’wah is not ‘activity-driven’ rather it should be driven by a productive and independent thinking based on a strong mentality and strong all-round culture.

    Sometimes, we are extremely busy in organising activities and doing a lot of running around. So we use our time in organising events and programmes and then we often busy meeting people to invite them to the events we organise. However, sometimes whilst we are planning and organising these events, weather looking for venues or the like, we do not question the objectives of the activity that we are busy organising. So we become labourers for the Da’wah rather than carriers of the Da’wah. Where we have no time to develop our thinking and deepen our cultural level.

    As a result, the activities of Da’wah would slow down after the energy our zeal depletes and we would have not achieved results in the Da’wah.

    Whereas, on the opposite hand, if we build ourselves with deeper culture and strong independent thinking that we strongly believe in rather than borrowing from others, this will build the Da’wah carriers to be strong in their mentalities and result in more productive activities that a driven by concepts rather than enthusiasm and zeal.

    This does not mean we incline to the other extreme where we only think and culture ourselves without any result. So on the other hand, there may be those who would be the first to criticise styles even though they could see the apparent achievement of results from them. This mentality would make the adherents of it comparable to the one who continuously ponders about battle and reads the books of war but never engages in the battle himself and is thus defeated by the enemy.

    It would make us intellectuals rather than Da’wah carriers, thinkers rather than politicians, the drive for the Da’wah would slowly become eroded and the passion to rid the world of evil would weaken.

    We must realise that the issue of the Da’wah is one of urgency and one that requires for us to move from sensing the problems, thinking about the best solution for it in relation to the styles and then to apply that solution. Even if that solution is not one that we can definitely say is the purest or definitely the best out of hundreds of possible styles.

    However that style would be the best one we could think of and one we can see affecting the reality which we face in a positive way.

    This does not mean that we leave thinking, rather it means we think in deeply about achieving the result in the best way without allowing that thought to continue for centuries before even considering action.

    In order for us to explain the importance and significance of this subject, I shall start by asking you a few questions:

    What is the meaning of Revival without answering intellectual elevation?

    Someone may ask why are we not concentrating all of our efforts Da’wah to non-Muslims? As they may argue that RasulAllah’s (saw) method of establishing Dar al Islam in Makkan Era was by converting people to Islam?

    What is the meaning of Sunnah? Does it mean we must follow the Prophet (saw) in the way we dress, the length of our beards, etc?

    Sometimes we may not be able to answer questions that we have never faced before for example; we say the Quran has four possibilities of origin-Arab, Non-Arab, Mohammed (saw) or Allah (swt). What if someone came and suggested that they be lived Shaytan is another possibility and he wrote the Quran? How many of us would know how to answer that?

    If any of us are hesitant in answering these questions, then this subject is absolutely vital for us to address.

    In order to create a strong affect in the Da’wah that will create change in people and not to fall into weakness. It is important to understand the different types of thought and to build independent thinking at least.

    The types of thinking 1. Dependent thought, 2) Independent and 3) Creative.

    Three types of thinking exist amongst people: independent, creative and dependent. The Da’wah carrier must possess independent thinking at least and the leaders should have creative thinking.

    Dependent thinking is when people imitate others thoughts and adopt them without questioning deeply.

    Dependent thinking exists in the person of low intellect who imitates others and mimics and borrows their thought. So a dependent thinker would have no original thought but sheer dependency on the one he has adopted from.

    In reality the dependent thinker adopts concepts on this basis rather than realising their truth and conformity with the reality or the shari’ah texts.

    This type of thinking becomes exposed when the individual is confronted with questions or realities that necessitate a reply or the application of the concept. When questioned by others on a concept he has imitated, he often gets stuck not knowing what to say if questions are slightly deeper or unexpected. In this case the dependent thinker would be unable to answer questions related to the concept independently unless he borrowed the answers from someone else.

    If faced with a reality that required the application of the concept he would be unable to apply it and would inevitably resort to seeking assistance or attempt avoiding the issue.

    In this situation, the individual will adopt already-existing ideas established by others when faced with any case or issue that requires any type of original thought or research. Whether in political, legal, or any other issues, such a person will turn to others to provide him with the answers. And after taking the answer or opinion from others, he will defend and justify this opinion as if it was his own without researching the related evidences, only because of his trust in the one who established the opinion.

    Can be in issues related to understanding reality and text shari’ah matters.

    So for example; The role of the mind, Existence of Creator, proof of Quran or Shari’ah textual matters like method of re-restablishing Khilafah, understanding of Usul (Ijtihad and Taqleed), Qat’I and Dhan’i matters.

    There are many consequences of having dependent or borrowed thinking. These could be weakness in our discussions with different sections of the Ummah – whether general people, Ulema, intellectuals, students and people from other groups. The culture that we have gone through and studied is acquired to a basic level that has no depth. This often leads to some of us to get stuck in our arguments and this slows down the Da’wah, where we may need to depend on others to discuss on our behalf.

    Because of the imitation, dependency and the lack of thinking and creativity, sometimes our thinking was reduced to a personalized type of thinking that became connected with personalities and not ideas.

    Unfortunately, nowadays the idea carries no value unless it is connected to a well-established or high-ranking personality such as a Scholar or Intellectual. And any existing research in this case will focus on the person and not the thought so the discussion will emphasize “Who said what” rather than “What is being said.” Any person who opposes the opinions of such personalities will be attacked severely.

    At the end, the individual will view the correct idea as the idea that comes from a personality that he respects, and the wrong idea is the idea that comes from a person that he does not respect. And the only way to explain the fallacy of any idea in this context will be to focus the discussion on the personalities.

    Such an approach indicates the lack of thinking among Muslims. When the Muslims had a high level of understanding, they would evaluate the personalities based on the ideas they carried and not vice versa. Ali (ra) used to say, “Recognize the truth first; then, you will be able to recognize the people who adhere to the truth.”

    So even amongst ourselves, we live in a society that is dominated by imitating personalities and dependent thinking, and borrowing thoughts and concepts from people.

    Therefore we must be careful not fall into the trap, but break free from this in society and Da’wah. So we should not accept everything just because it was written by this Sheikh or that Sheikh, but rather we should try to question the ideas as much as possible so we truly become the master of the concept.

    Therefore, the entire discussion should focus on the issues and the ideas where the evidence, and not a personality, serves as the reference. Only through independent thinking and encouraging the sound and original research can we break free of this imitation.

    Independent thinking is adopting concepts on their basis rather than adopting on the basis of trust in another person culture or thought.

    An Independent thinker is someone who will not adopt a thought unless he questions it and debates it, then he adopts it. Once he adopts it, he believes in his thought like he is the owner and originator of the thought. So he will be confident to discuss and carry it, debate it and be ready to apply his thoughts on multiple realities weather old or new.

    An independent thinker would not get stuck often when he discusses with people in the Da’wah, whether the person who he discusses with those who will challenge his thinking, whether the person is a Sheikh, Alim, Phd, member of other group or lecturer. And if he were to get stuck or he comes across something new, the independent thinker would recognise gaps in some aspects of his culture, after discusision, questioning, reading, he would work to fill these gaps.

    How does someone acquire and develop Independent thinking?

    A da’wah carrier who wishes to become independent in his thinking would not be satisfied with just going to a weekly Halaqah and listening to the mushrif for a few hours without questioning him deeply in the concepts he discusses. Sometimes, we may understand what the brother explains to us at the time, but as soon as the halaqah has ended we would not be able to explain the concepts we discussed, so we have not digested the culture and not adopted it independently.

    The independent thinker would not stop and be satisfied to move on to the next paragraph unless he understands the idea like his own. Questioning until all possibilities are clarified in order to make someone the owner of the thought rather borrowing the thought.

    Practical steps that could be implemented amongst the brothers in order to generate Da’wah carrier with Independent thinking.

    It is important that the Mushrifeen push the Dariseen in their level of thinking. The Da’wah carriers should question each other, and the mode of doing an action or accepting a thought because a senior brother says so should be dispelled. Rather, the Da’wah carriers should engage in cultural discussions among themselves and debate among each other to produce an atmosphere of culture and independent thinking whether on intellectual, political or legislative matters.

    Reading and studying, discussing and self-scrutinising from sources such as the adopted books of the group you are working with is essential. However, that is not enough to develop deep culture. It is absolutely essential that the Da’wah carriers refer to other sources including the general Islamic culture, such as the books of tafseer, ulum al hadith, Usul, aqeedah etc. Also follow political matters as our Da’wah is purely political and other such fields.

    Thinking about possibilities to challenge the concept which a da’wah carrier adopts to gain overall and complete strength in what he carries.

    Natural discussions with people in the Da’wah, this will naturally push us to think independently, and once we discuss, if we feel our discussion is weak, we should try to go back stronger and alone to challenge, not just to take someone who we believe can be better to discuss, as long as this does not harm the Da’wah.

    Question your mushrifeen as much as possible until the concept becomes absolutely crystal and your understanding has depth.

    Questioning how and why is the way to attain depth

    It is absolutely essential that we build our Aqliya strongly.

    Aqliya is the fundamental basis were we rewire all our thoughts to, This should only be one basis and that is the basis of the Islamic Aqeedah, none of our thoughts should be rewired to a number of bases, rather a single basis only.

    For example, someone who believes that Democracy should be a way forward, or believes that there should exist Nation-States, but also believes selling alcohol is Haram or praying 5 times a day is Fard. This person is rewiring his thoughts on these matters to an Islamic Basis on some matters, and to other matters a non Islamic basis. He does not possess the Islamic Aqliya, it is incorrect and contradictory to our deen.

    Where as the person who watches the news and sees the occupation of Palestine, and believes the solution is not peace with Israel, but the establishment of an Islamic Khilafah and he believes that Salah if Fard like Fasting, and believe alcohol is forbidden and believe the way Men and women come together is by contract of Nikah and all of his other thoughts have a single basis and reference point, then this person has an Islamic Aqliya.

    Therefore we must possess an Islamic Aqliya, thereby refering each and every single one of our thoughts to a single basis-the Islamic Aqeeda, and nothing more.

    However, what we wish to address today is the aspects of the Aqliya.

    The Aqliya is one basis, which is the Islamic Aqeedah, and we as Islamic personalities do use any other basis to refer our concepts back to.

    However, from this Islamic ‘Aqliya, we face many realities in our Da’wah and daily lives which requires us to use different aspects of the Aqliya.

    Aspects of the Aqliya – Intellectual, legislative, political and structural – need to develop on all areas to be all-round Da’wah carriers.

    The intellectual aspect of the Aqliya deals with matters related to ration aspect we face in the Da’wah and our lives, like the deep thoughts of our culture, the definitions and applications of these concepts in real life. Why people think in a certain way, why people judge and hold certain ideas, why people behave in a certain manner and the like. This is a critical aspect to have in our mentality.

    The political aspect of the Aqliya is used when we look at local, regional and international events and we conclude and make analysis based on these events with the knowledge and previous information we have gained from the culture to be able t deal with societal and political problems in the world and give solutions for these and mould the Ummah, so we look after their affairs. How would it be possible for the one who wishes to take care of the affairs of the Ummah to not have a Political aspect to his Islamic Aqliya?

    The Legislative aspect of the mentality is knowing the Ahkam Shari’ah on most matters we deal with whether they are rituals, social, economic, political, judicial matters and to always refer to the Shari’ah texts to conclude whether the action is Fard, Mandoob, Mubah, makrooh or Haram. It also includes understanding the daleel and usuli principles related to the ahkam. It is necessary for to convey the ahkam together with the evidence especially for our adopted thoughts which are necessary to revive the Ummah. Without having a legislative aspect in our Islamic Aqliya, we would not be able to seek the pleasure of Allah without being dependent on others to give their opinions on these legislative issues.

    The Structural aspect of the personality – is about Da’wah, which includes ourselves, the party or group we are with and the work with the Ummah – it defines that we wish to progress in the field of Da’wah with a clear objective with the desire to succeed for the pleasure of Allah (swt), so we may not fail, or become lazy, or incompetent or to be walking books and intellectual philosophers. This is the most important aspect from all the aspects of the Islamic mentality as without the structural aspect, there would be no goal, no objectives and no vision to create change in the Ummah. Without the structural aspect of the Islamic aqliya, we could all possess good ability to do political analysis, or know definitions of concepts and even to know all the details of Fiqh and its usul, tafseer and Ahadith, but it would lead the Da’wah carrier nowhere as he would have no vision and objective, and he would just end up becoming a good writer, thinker, philosopher or sheikh, but not a Da’wah carrier.

    Therefore it is important that we as Da’wah carriers, try our best to become all-rounders and develop strong aspects to our Islamic Aqliya, become Independent thinkers and possess strong culture, this would lead us to become valuable Da’wah carriers and to achieve better results.

  • Definition of the Quran

    It is necessary to define the Quran, from this definition we will know what is allowed to be read in prayer and what is not. What is a proof in Hukm Shari and what is not. Also it will tell us what will make somebody a Kafir by denying and what does not constitute disbelief. So when we define Quran we mean the Quran as evidence in Fiqh.

    It is the word of Allah that is revealed upon his slave Muhammad in the Arabic tongue It is a miracle (Ijaaz) in even the shortest Surah, it is written down and narrated to us through Tawattur (multiple chains of transmission), through which we worship Allah by reading it, it starts with Surat al-Fatiha and ends with Surat Al-Naas. (See Al-Ihkaam by Sayf ul-Deen al-Aamidi 1/28 and Rawdat al-Nathir by Ibn- Qudama al-Maqdisi 1/178).

    From this definition many points come to mind. The definition excludes any Book that is not the word of Allah, or revealed in the Arabic tongue. It also excludes any narration that has not reached us via a Mutawattir chain of transmission. Also it excludes anything that is not miraculous or beyond human ability because of this other forms of revelation is not considered a miracle such as the Sunnah.

    Firstly: It is the word of Allah. The evidence that it is the Word of Allah is the fact it is miraculous i.e. Ijaz. The Ijaz in the Quran is outstanding eloquence that is beyond human ability. Now as it is from Allah it becomes a proof, to follow in rulings. Also when we say it is the word of Allah it excludes other forms of revelation such as the Hadith Qudsi or other statements of the Prophet.

    Secondly: All the Quran is in Arabic. It is completely Arabic and contains no foreign tongue. Imaam Shafi says in his Risaala, “The Quran indicates that there is no portion in the Book of Allah that is not in the Arab tongue. He who expressed such an opinion [concerning foreign words in the Quran] may have found some [men] who accepted it by [sheer] submission (taqlid) to his authority, leaving the matter of proof up to him and to those who have disagreed with him. However, by mere submission they have neglected [their duty]; Allah forgive them and us. But, perhaps, he who expressed the opinion that there are in the Quran [words] which are not of the Arab tongue-and his opinion was accepted by others meant that there are certain particular [words] which are not understood by some Arabs.”

    Furthermore the ignorance of the Arabs about some words of the Quran is not an evidence that the Quran contains foreign words. Rather there is a possibility that some non-Arabs learned some Arabic words and then it became wide spread in their language. Because of this some of their words may correspond to some words mentioned in the Quran, or maybe some foreign words entered in the Arabic language. And hence it became part of the Arabic language itself and therefore cannot be considered a foreign word anymore as the Arabs used it as part of their language, even if its root is foreign.

    Many verses point that the Quran is completely in Arabic such as:

    “Verily it is the revelation of the Lord of the world, brought down by the faithful spirit, upon thy heart, that thou mayest be of those who warn, in a clear Arabic tongue” (TMQ 36: 192-195)

    “Thus We sent it down as an Arabic Law” (TMQ 13:37)

    “And so We have revealed to thee an Arabic Quran in order that thou mayest warn the Mother of the towns and the people of its vicinity” [TMQ 42: 7]

    “An Arabic Quran with no crookedness in it, perchance they will be God fearing” [TMQ 39: 29)

    “If We made it a foreign Quran, they would have said: Why are not its communications made distinct? What, foreign and Arabic” [TMQ 41: 44]

    Also the Book of every prophet is in the tongue of his people, as for non-Arabs they they have to learn the Arabic language. Imaam Al-Shafi says, “It is obligatory upon every Muslim to learn the Arab tongue to the utmost of his power in order [to be able] to profess through it that there is no God at all but God and Muhammad is His servant and Apostle and to recite in it [i.e. the Arabic tongue] the Book of God, and to utter in mentioning what is incumbent upon him, the Takbir, and what is commanded, the tasbih, the tashahhud and others.”

    The translation of the Quran is also not considered the Quran however accurate it is. Because of this we cannot use the translation to derive rules from verses, also there is no prayer reading the translation, nor is there worship by reading the translation.

    Thirdly: The Quran is narrated to us via Tawaatur i.e. the transmission that benefits certainty, it has come to us by oral and written transmission since its revelation to the prophet of Allah until this day. When the revelation began to come there was those who use to write the revelation and at the same time it was memorized by many companions. This continued and was passed down from one generation to another and hence it is impossible that they can all conspire to lie, add, change or remove anything from the Quran.

    This is unique to the Quran in comparison to previously revealed books such as the Torah and Injeel. As the Quran completely has come through Tuwattur it hence means that it benefits certainty and therefore it is definite proof. As for the Shaath readings of the Quran or the Hadith Qudsi then they are not considered Quran. Also the definition states that the Quran is only what has come through Mutawattir transmission which removes any narration that has come through Ahad narration (single narrator).

  • The difference between the Capitalist, Communist & the Islamic economic System

    The following is a translation of Arabic.

    Thoughts, in any nation, are the greatest wealth the nation possesses if the nation is newly born; and they are the greatest gift that any generation can receive from a preceding generation, provided the nation is based on an enlightened thought.

    With regard to material wealth, scientific discoveries, industrial inventions and the like, all of these are of much lower importance than thoughts. In fact, to excel in these fields is dependent upon the level of thought and their preservation also depends upon the level of thought.

    If the material wealth of a nation is destroyed, it is possible for it to be restored quickly as long as the nation preserves its intellectual wealth. However, if the intellectual wealth collapses and the nation retains only its materialistic wealth, this wealth will soon vanish and the nation will return to poverty. Most of the scientific achievements which the nation once made can be regained, provided it does not lose its way of thinking, whereas, if it lost the productive way of thinking, it would soon regress and lose its discoveries and inventions. Therefore, it is necessary to take care of the thoughts first. Based upon these thoughts, and according to the productive way of thinking, material wealth is gained, and the achievement of scientific discoveries, industrial inventions and the like is sought.

    What is meant by thoughts is the existence within the nation of the process of thinking related to events and the affairs of life, such that the majority of its individuals use the information that they have when considering events, in order to judge them. This means that they have thoughts which they contrive to use in life and by using these thoughts frequently and successfully, a productive way of thinking results.

    Nowadays, the Muslim Ummah is lacking in thoughts, so it is naturally deprived of the productive way of thinking. The present generation did not receive from its preceding generation any ideas, be it Islamic or non-Islamic and naturally, it did not receive a productive way of thinking. Nor did it attain by itself any thoughts or a productive way of thinking. As a result of this it is natural for the Ummah to be steeped in poverty despite the abundance of material resources in its lands. Likewise, it is natural for the present generation of Muslims to be short on scientific discoveries and industrial inventions even though it is aware of and studies the theories of these discoveries and inventions. This situation arises because it is impossible to move forward in a productive way, unless the Ummah possesses a productive way of thinking i.e. unless it has thoughts and is innovative in utilising them in daily life. Therefore, it is necessary for the Muslim Ummah to establish for itself thoughts and a productive way of thinking, and only thereafter will it be able to proceed, based on that, to acquire material wealth, make scientific discoveries, and industrial inventions. Unless they do this, they will not progress a single step; rather they will continue to turn in an empty circle, exhausting their mental and physical efforts, only to end up exactly where they began.

    The present generation of Muslims has not even adopted a basic thought which contradicts their ideology of Islam. If it had done so, it would have been able to fully comprehend the Islamic ideology given to it because this comprehension would have resulted from a clash between the Islamic ideology and the one carried by this generation, making the Ummah realise the correctness of the Islamic ideology. Rather, the current Islamic generation is empty of any thought and of any productive way of thinking. Instead it inherited the Islamic thoughts as an academic philosophy, in the same way that the Greeks inherited the philosophies of Aristotle and Plato. It also inherited Islam as rituals and religious dogma, in the same way the Christians inherited Christianity. At the same time, it became fascinated with Capitalism after witnessing its successes, and not through comprehending the validity of its thoughts; and from its submission to its rules, and not from comprehending how these solutions emanate from the Capitalist view point of life. Therefore, the Ummah is devoid of the Capitalist thoughts intellectually, although it lives according to the Capitalist way of life. The Ummah also became devoid of the Islamic thoughts in practice, although it conducts some of its rituals and studies its thoughts.

    The tendency of this generation towards the Capitalist ideas went far beyond just reconciling Islam with the Capitalist laws and solutions. It has now reached such an extent that there is a feeling of Islam being impotent with regard to being able to solve contemporary problems of life, and there is an urge to take Western laws as they are, without even reconciling between them and Islam. The Ummah came to see no harm in giving up Islamic rules and adopting others, in order to progress with the civilised world, and catch up with the Capitalist and Socialist nations, considering them as progressive peoples. As for those who adhere to Islam, they have the same tendency towards the Capitalist thoughts, but they still try to reconcile them with Islam. However, those who try to reconcile Islam with other thoughts have no influence upon society.

    Therefore, delivering the Islamic thoughts and rules which solve problems of life will be to minds, empty of thought and a way of thinking. It instead clashes with the inclinations of the people towards Capitalism and Socialism, and with the way of life currently governed by Capitalism. So unless the given thought is strong enough to cause a shake-up in the hearts and minds, it will be impossible to attract the peoples attention to it. This thought has to push the dull shallow minds to think deeply, and it has to shake off the deviated inclinations and the sick tastes, so as to establish a sound inclination towards the Islamic thoughts and rules.

    Therefore, it is necessary for the carrier of the Islamic da’wah to expose the basis upon which the Capitalist solutions are established, illustrate its falsehood and refute it intellectually. He has to approach the various new issues of life and show the Islamic solutions to these issues as divine rules which must be followed, because they are rules derived from the Qur’an, the Sunnah, or what these evidences have indicated. These are not to be followed from the perspective of whether or not they seem to be relevant to this particular era. That means they have to be taken based on the Aqeedah and not based on their perceived benefit. So each rule has to be given along with the evidence from which it was derived, or by explaining the divine reason (illah) which the text brought.

    The thoughts related to the ruling system and economics are the thoughts which most fascinated the Muslims, and were the basis of the severest tribulations from which they suffered in their lives. The Muslims generally admired these thoughts, and the West tries to practically apply these thoughts, and persists in its endeavours to implement them. The Ummah is theoretically governed by democracy in order to protect the Western system and colonisation, however it is governed practically by the real Capitalist economic system in all the economic aspects of life. It is, however, the Islamic economic thoughts which will have the greatest influence in the economic life of the Islamic world, so much so that they will turn it upside down if they are given the opportunity; these are the thoughts which will be most opposed by the West, its agents, and those who are overwhelmed by Western ideas; among them those who are pleased to live in the darkness, the defeatists, and the rulers.

    Therefore, it is necessary to give a clear picture of the Capitalist economic system, which classifies the basic thoughts upon which the political economy in the West is established, so that those who have become fascinated with the Western economic system can come to see the corruption of this system and its contradiction with Islam. They will then examine the Islamic economic thoughts which address the problems of economic life in the correct manner, and present them as a unique way of life which contradicts the Capitalist life in both its general principles and in its details.

    The Capitalist Economic System

    If we examine the Capitalist economic system we find that, in their view, it deals with man’s needs and the means of satisfying those needs. It only addresses the materialistic side of man’s life and it is established on three principles:

    1. There is a relative scarcity of commodities and services in relation to needs. This means the insufficiency of commodities and services to meet the ever-increasing needs of man. This is the society’s economic problem from their viewpoint.

    2. The value of a product, is the basis of most economic research and study.

    3. The price, and its role in production, consumption, and distribution. The price is the cornerstone of the Capitalist economic system.

    With regard to the relative scarcity of commodities and services, this situation exists because the commodities and services are the essential means which are used to satisfy man’s needs. They say man has needs that require satisfaction, so there must exist the means to satisfy them. These needs are purely materialistic; they are either tangible, such as the need for food and clothing, or they are needs which are sensed by man but are intangible, such as the need for the services of, for example, doctors and teachers. As for the moral needs such as pride and honour, or spiritual needs such as the sanctification of the Creator, they are not recognised economically, and are therefore disregarded or have no place in economic studies.

    The means of satisfaction are called commodities and services. Commodities are the means of satisfying the tangible needs, whereas services are the means of satisfying the intangible needs. What makes commodities and services satisfy the needs, in their viewpoint, is the benefit in these commodities and services. This benefit is an attribute which renders the thing desirable for satisfying a need. Since the need means the economical desire, then the economically beneficial thing is everything desired, whether it is essential or not, and even if some consider it beneficial and others consider it harmful. It is considered economically beneficial as long as there is someone who finds it desirable. This makes them consider things as beneficial from an economic viewpoint even if the public opinion considers them of no benefit, or harmful. Thus wine and hashish are beneficial things to the economists since there are people who want them.

    The economist looks upon the means of satisfaction, that is, the commodities and services, from the viewpoint that they satisfy a need, without taking any other factor into consideration. Thus, he looks upon needs and the benefits as they are, not as they should be i.e. he looks at benefit as satisfying a need, without taking anything else into consideration. So he would look at wine in its capacity of having an economic value because it satisfies the needs of some people, and he perceives the wine maker as a person who provides a service, considering this service as having an economic value, because it satisfies the need of some individuals.

    This is the nature of needs in Capitalism and the nature of the means of satisfying these needs. Hence, the economist does not care about the nature of society, but cares about the economic material resources (economic commodities), since they satisfy a need. Therefore, the function of the economist is to supply commodities and services i.e. to provide the means of satisfying man’s needs, irrespective of any other consideration. Accordingly, the economist strives to make available the means of satisfaction. Since the commodities and services, which are the means of satisfaction, are limited, they are not sufficient to meet all of man’s needs, because these needs in their view are unlimited and constantly growing. This is because there are basic needs which man as a human must satisfy, and there are needs which increase in number as man proceeds to a higher level of urbanisation. These needs multiply ‘and increase’ and they all need complete satisfaction, a situation which cannot be fulfilled no matter how much commodities and services increase. From here the basis of the economic problem emerged, which is an overabundance of needs and the shortage of the means of their satisfaction i.e. the lack of commodities and services to completely satisfy all of man’s needs.

    From this perspective, the society faces an economic problem, which is the relative shortage of commodities and services. The inevitable result of this shortage is that some needs are either partially satisfied or not satisfied at all. Since this is the situation, it is necessary that the members of society agree on rules that decide which needs have to be satisfied and which needs are to be deprived. In other words, it is necessary to set a mechanism (rules) that decide the manner of matching the limited resources against the unlimited needs. So the problem in their view is in the needs and resources, that is, to make available the resources so as to satisfy the needs, but not necessarily the needs of every individual. Therefore, it is necessary that the rules which are laid down, be rules which guarantee the achievement of the highest possible level of production, so as to achieve the highest supply of resources i.e. to supply the goods and services to the nation as a whole, but not necessarily to each individual. Therefore, the problem of distributing the goods and services is closely connected to the problem of production, and the objective of economic studies and research is to increase the goods and services which are consumed by the society. It is not surprising therefore, that the study of the factors which affect the size of the national production (GDP and GNP) takes precedence over all economic studies. The study of increasing the national production is the study to solve the problem of scarcity, which is due to the belief that poverty and deprivation cannot be solved except by increasing production. Therefore, dealing with the economic problem facing society is only met by increasing production.

    The value of the product means its degree of importance, whether relative to a particular person or relative to another thing. In the first case, it is called ‘the value of the benefit’. In the second case, it is called the ‘value of exchange’. The value of the benefit of a thing can be summarised as: the value of the additional benefit from any unit of a thing, evaluated by its marginal benefit i.e. by the benefit from the unit that satisfies the weakest need. They called this ‘The Theory of Final or Marginal Utility’. This means that the benefit is not evaluated according to the viewpoint of the producer alone i.e. evaluated by the costs of its production, since this would mean consideration of supply without demand; neither is it evaluated from the viewpoint of the consumer alone i.e. evaluated by its benefit and desirability, as well as looking at its relative shortage, because this would mean the consideration of demand without supply. In fact, they claim that benefit should be observed from the viewpoint of supply and demand together. Thus the benefit of a thing is considered as the minimum point which satisfies the need i.e. at the minimum point of satisfaction. Therefore, the value of a loaf of bread assessed at the minimum point of hunger not at its maximum, or at a time when there is an availability of bread in the market, and not at a time when there is a shortage.

    As for the value of exchange, it is an attribute which makes a thing suitable for exchange. The strength of exchange of a thing is measured relative to another, so the value of exchange of wheat relative to corn is estimated by the units of corn which should be conceded to obtain a unit of wheat. They refer to the value of the benefit using the term ‘benefit’ only, and refer to the value of exchange using the term ‘value’ only.

    Exchange occurs between two commodities or services which are similar or close in their values.

    Hence, the study of value was necessary for economists because:
    – it is the basis of exchange,
    – it is a utility which can be measured,
    – it is a scale with which the commodities and services are measured and by which actions are judged as productive or not.

    Production, in their view, is creating a benefit or increasing it, which is accomplished by efforts, work or labour. So, to identify efforts as being productive or not, and to know which are of greater productivity, there must be an accurate scale for the various products and services. This scale is the social value of the various products and services. In other words, it is the collective evaluation of the work spent and the service provided. Such an evaluation became necessary, because in the modern era, production for the purpose of exchange has replaced production for consumption. The situation now arises whereby virtually all of the people’s production is exchanged with other people’s production. The exchange is achieved by the existence of compensation for the commodity or service, so there must be an estimation of the value of the commodity in order that it can be exchanged. Hence, knowledge of the value in terms of what it is, is an essential factor in production and consumption i.e. an essential factor towards satisfying mans needs, by using these means.

    In modern history, this value of exchange has been identified by one of its values, and this type of value has become predominant. In developed communities, the values of commodities are not related to each other but are related to a certain commodity called money. The exchange ratio of a commodity or a service with money is called its price. The price therefore, is the amount of exchange of a commodity or a service relative to money. Hence, the difference between the value of exchange and the price is that the value of exchange is the ratio of an exchange of one thing with another, whether that thing is money, commodities, or services; while the price is the exchange value of a thing with money. This means that it is possible that the prices of all goods rise at any one time, and all fall at any one time, whilst it is impossible that the exchange values of all commodities relative to each other rise or drop at any one time. It is also possible for prices of commodities to change without resulting in a change in the value of their exchange. Therefore, the price of a commodity is one of its values; in other words it is the value of a commodity relative to money only. Since the price is one of the values, it is natural for price to be taken as a scale for deciding whether a thing is beneficial or not, and the degree of benefit of that thing. Therefore, the commodity or the service is considered as productive or beneficial if the society evaluates this particular commodity or service by a particular price. The degree of benefit of this commodity or service is measured by the price which the overwhelming majority of the consumers agree to pay for possessing or utilising it, whether this commodity is an agricultural or industrial product, and whether the service is that of a trader, transportation company, doctor, or engineer.

    As for the role which the price undertakes in production, consumption, and distribution, it is the price mechanism that decides which of the producers will enter the production race and which will be excluded. In the same manner, price decides which of the consumers will satisfy their needs and which consumers will not be able to. The production cost of a commodity is the principal factor which governs its supply in the market, while the benefit of the commodity is the principal factor which governs the demand in the market for it, and both are measured by the price. Therefore, the study of supply and demand is the fundamental issue in the Capitalist economy. What is meant by the supply is the supply of the market, and what is meant by demand is the demand of the market. As demand cannot be defined without mentioning the price, supply too cannot be evaluated without the price. However, demand changes inversely proportional to the change in price i.e. if price increases, demand decreases, and if price decreases then demand increases. This is contrary to supply which changes directly proportional to the price i.e. the level of supply increases as the price increases and it drops as price decreases. In both cases, price has the greatest effect upon supply and demand, that is, it has the greatest effect upon production and consumption.

    The price mechanism in the view of the Capitalists is the ideal method of distribution of commodities and services in society, since the benefits are the result of the efforts which man expends. So, unless the compensation is equal to the effort, then, no doubt, the level of production will drop. Therefore, the ideal method to distribute commodities and services in a society is that which guarantees the highest possible level of production. This method is the price method which is also called the price system or the price mechanism. They consider that the price mechanism produces economic equilibrium automatically, since it gives the consumers the freedom to decide for themselves the distribution of the resources owned by the society over the various economic activities, through the consumers demand for some commodities and their turning away from others. Hence they spend their income by buying what they need or what they like. Thus, the consumer who dislikes wine will abstain from buying it and spends his income on other things. So, if the number of consumers who dislike wine increased, or if all came to dislike it, then the production of wine becomes unprofitable due to decreasing demand. Thus, production of wine would stop naturally, and the same rule applies to other commodities and services. The consumers themselves define the level and variety of production by being left free to decide what to buy and what to leave. Via the price itself, the distribution of commodities and services occurs through the availability of the price to the consumers, and through the affordability of the price to the producers.

    The price mechanism is the incentive for production, it is the regulator of distribution, and the link between the producer and the consumer i.e. it is the means which achieves equilibrium between production and consumption.

    The price mechanism is the incentive for production because the principal motive for man to undertake any productive effort or sacrifice is his material reward. The Capitalist economists exclude the possibility that man expends effort for a moral or spiritual motive. The moral motive, when they do recognise it, is attributed to a materialist compensation. They consider that man expends his efforts to satisfy his materialistic needs and wishes only. This satisfaction is either through the consumption of commodities which he produces directly, or through receiving a monetary reward that enables him to obtain the commodities and services produced by others. Since man depends on satisfying most of his needs, if not all of them, on exchanging his efforts with others, then the satisfaction of needs is focused on obtaining a monetary reward for his efforts. This monetary reward allows him to obtain commodities and services, and accordingly he is not focused on obtaining the commodities which he produces. Therefore, the monetary reward, which is the price, is the motive for man to produce. Hence, the price is the means which motivates the producers to offer their efforts. Thus the price is the incentive for production.

    The price is the means which regulates distribution because man likes to satisfy all of his needs completely and he strives to obtain the commodities and services which satisfy these needs. Had every human being been left free to satisfy his needs he would not stop short of possessing and consuming whatever commodity he likes. Since every man strives for this same aim, everybody has to stop in satisfying his needs at the limit at which he can afford to exchange his efforts with others, that is at the limit of the monetary compensation which he receives for expending his effort i.e. at the limit of the price. Therefore, the price is the constraint which acts naturally to restrict man in his possession and consumption to a level which is proportional to his income. So the existence of the price makes man think, evaluate, and differentiate between his competing needs which require satisfaction, and he takes what he finds necessary, and leaves what he finds of less importance. Thus, the price forces the individual to settle for partial satisfaction of his needs.

    So, the price is the tool which regulates the distribution of needs required by individuals. The price also regulates the distribution of limited utilities to the consumers who demand these utilities. The disparity in income of the consumers makes the consumption of each individual confined to that which his income allows. This makes some commodities confined to only those who can afford them, while the consumption of other commodities would become common amongst people who can afford the lower prices. Therefore, the price will become the regulator in distributing utilities among consumers by setting a high price for some commodities and services and a low price for others, and also by the suitability of the price to some consumers more than others.

    The price achieves equilibrium between production and consumption, and it is the link between the producer and the consumer, because the producer who fulfils the desires of the consumers is rewarded through profits. On the other hand, the producer whose products are not accepted by the consumers, would end up with losses. The method through which the producer can detect the desires of the consumers is the price. If the consumers demand any particular commodity its price will increase, and the production of that commodity will increase, in fulfilment of the consumer’s desires. If consumers turn away from buying a particular commodity, its price will drop in the market, and so production of this commodity will decrease. So, the resources assigned to production increase as price increases, and decrease as price decreases. In this way the price is the tool which achieves equilibrium between production and consumption, and it is the link between the producer and the consumer and the process occurs automatically. Therefore, the price is the basis on which the economy is established in the view of the Capitalists, and it is the cornerstone of the economy to them.

    This is a summary of the economic system in Capitalism, which is called the political economy. By studying it thoroughly, the falsehood of the Capitalist economic system can be shown from many aspects:

    1. Mixing the Needs and the Means of Satisfaction

    Economy in Capitalism means to address man’s needs and the means of their satisfaction. Hence the production of commodities and services, which are the means of satisfying the needs, together with the distribution of these commodities and services are considered in their view, one subject. The needs and the means of their satisfaction are considered to be interrelated such that they are one subject, inseparable from each other, as if one of them is included within the other. So, the distribution of commodities and services is included in the subject of the production of these commodities and services. Thereupon, they look at the economy from one angle which includes the economic commodities and the method of their possession, without separation between them and without differentiating one of them from the other. Thus, they look at economic science and the economic system as one indistinguishable subject. However, there is a difference between the economic system and economic science.

    The Economic System versus Economic Science

    The economic system is that which determines how to distribute the wealth, how to possess it, and how to spend or dispose of it. This determination follows a particular viewpoint in life, or ideology. Therefore, the economic system in Islam is different from that of Socialism/Communism and that of Capitalism, since each of these systems follows its own ideological viewpoint of life. Economic science discusses production, its optimisation, and the innovative new ways and means concerning them. Economic science, as is the case with other sciences, is universal to all nations and is not associated with a particular ideology. So for example, the view towards ownership in Capitalism differs from that of Socialism/Communism, and differs from that in Islam. However, discussing the optimisation of production is a technical issue, which is purely scientific, and the same for all people, no matter what their viewpoint about life is.

    This mixing of the study of the needs and the means of their satisfaction i.e. between producing economic material and the manner of its distribution, and bringing them as one issue and one subject, is an error. By treating them as one issue, economic studies in Capitalism have been mixed and confused. As a result the basis of the Capitalist economy is wrong.

    2. Needs are only Materialistic

    The reference to the needs which require satisfaction as being purely materialistic is another error, and in disagreement with reality. In addition to material needs there are moral and spiritual needs, each requiring satisfaction, and each requiring commodities and services for their satisfaction.

    3. Commodities and Services are not related to the Structure of the Society

    The Capitalist economists look to the needs and benefits as they are, not as the society should be, which means that they look at man as a purely materialistic creature, empty of spiritual needs, ethical thoughts, and moral aims. He also does not care about how the society should be structured in terms of moral elevation, by making virtues a basis for society’s relationships or what should prevail in the society by way of spiritual elevation i.e. making the realisation of man’s relationship with Allah (realising the existence of Allah) the driving force for all relationships, for the sake of Allah’s pleasure. The Capitalist economist would not care for this since his interest is purely material in terms of what satisfies the materialistic needs. So, if man does not cheat in selling it is because he believes his trade will profit, while if he were to profit by cheating, then cheating would be legal for him. He does not feed poor people in response to the order from God for him to give charity, rather he feeds them so that they do not steal from him. If, however, their starvation increases his wealth then he would leave them to starve. Thus, the main concern of the Capitalist is to look for the benefit which satisfies a materialistic need only. The individual that looks at others based on his own benefit, and establishes economic life on this basis, is the most dangerous individual in a society.

    This is from the aspect of needs and benefits. From the aspect of resources and efforts, which are called commodities and services, the individual strives to obtain them, so as to gain benefit from them. The exchange of resources and efforts among people creates relationships among them, according to which the structure of the society is formed. So it is necessary to look at what the structure of the society should be, both in general and in detail, when evaluating the resources and the efforts.

    So caring for the economic material with respect to its fulfilling a need, without caring for what the society should be, is a detachment of the economic material from the relationship, which is unnatural. This economic material is exchanged among the people thereby creating relationships among them, and the relationships form the society, so the effect on society should be perceived when considering the economic material. Therefore, it is incorrect to consider a thing as beneficial just because there is somebody who likes it, whether it is itself harmful or not, and whether it affects the relationships among people or not, and whether it is prohibited or permitted in the belief of the people in the society. Rather things should be considered beneficial if they are really beneficial in respect of what the society should be. Therefore, it is incorrect to consider cannabis, opium and the like as beneficial commodities and to consider them economic materials just because there is somebody who wants them. Instead, the effect of these economic materials on the relationships between people in society must be considered when considering the benefit of things i.e. when considering the thing as an economic material or not. Things should be viewed in relation to what the society should be. It is wrong to look at a thing merely as it is, regardless of what the society should be.

    By including satisfaction of needs within the study of the means of satisfying needs, and by viewing the means of satisfaction only as satisfying a need, and not by any other consideration, economists concentrate on production of wealth more than distribution of wealth. The importance of distribution of wealth to satisfy the needs has became secondary. Therefore, the capitalist economic system has one aim, which is to increase the country’s wealth as a whole, and works to arrive at the highest possible level of production. The capitalist considers that the achievement of the highest possible level of welfare for the members of society will come as a result of increasing the national income by raising the level of production in the country, and in enabling individuals to take the wealth, as they are left free to work in producing and possessing it. So the economy does not exist to satisfy the needs of the individuals and to facilitate the satisfaction of every individual in the community, but it is focused on the augmentation of what satisfies the needs of the individuals i.e. it is focused on satisfying the needs of the community by raising the level of production and increasing the national income of the country. Through the availability of the national income, the distribution of income among the members of society occurs, by means of freedom of possession and freedom of work. So it is left to the individuals to obtain what they can of the wealth, everyone according to what he has of its productive factors, whether all the individuals or only some individuals are satisfied.

    This is the political economy i.e. the capitalist economy. This is manifestly wrong, and contradicts reality, it does not lead to an improvement in the level of livelihood for all individuals, and does not fulfil the basic welfare of every individual. The erroneous aspect in this view is that the needs which require satisfaction are individual needs, they are needs of a man; so they are needs for Muhammad, Salih and Hasan and not needs for a group of human beings, a group of nations, or a group of people. The one who strives to satisfy his needs is the individual, whether he satisfies them directly such as eating, or he satisfies them through the satisfaction of the whole group such as the defence of the nation. Therefore the economic problem is focused on distributing the means of satisfaction for individuals i.e. the distribution of the funds and benefits to the members of the nation or people, not on the needs which the nation or the people requires, irrespective of each individual or the nations individuals. In other words, the problem is the poverty which befalls the individual not the poverty which befalls the nation. The concern of the economic system must only be in satisfying the basic needs of every individual, not the study of producing economic material.

    Consequently, the study of the factors that affect the size of national production differs from the study for satisfying all the basic needs of the individual for everyone personally and completely. The subject of study must be the basic human needs of man, as a human being, and the study of distributing the wealth to the members of the society to guarantee the satisfaction of all their basic needs. This should be the subject of study, and should be undertaken in the first place. Moreover, the treatment of the poverty of a country does not solve the poverty problems of the individuals, individually. Rather, the treatment of the poverty problems of the individuals, and the distribution of the wealth of the country among them, motivates all the people of the country to work in increasing the national income. Whereas the study of factors that affect the size of production and increasing the national income, should be discussed as economic science, that is, in the discussion of the economic material and its increase, rather than in the discussion of satisfying the needs, which are regulated by the economic system.

    4. Scarcity

    The Capitalists claim that the economic problem which faces any society is the scarcity of commodities and services. They also claim that the steadily increasing needs, and the inability to satisfy all of them i.e. the insufficiency of commodities and services to satisfy all of man’s needs completely, is the basis of the economic problem. This view is erroneous and in fact contradicts with reality. This is because the needs which must be met are the basic needs of the individual as a human (food, shelter and clothing), and not the luxuries, although they too are striven for. The basic needs of humans are limited, and the resources and the efforts which they call the commodities and services existent in the world are certainly sufficient to satisfy human basic needs; it is possible to satisfy all of the basic needs of mankind completely. So, there is no problem in the basic needs, quite apart from considering it the economic problem that faces society. The economic problem is, in reality, the distribution of these resources and efforts enabling every individual to satisfy all basic needs completely, and after that helping them to strive for attaining their luxuries.

    With reference to the steadily increasing needs, it is not a subject related to increasing basic needs, because the basic needs of man as a human do not increase, whereas it is his luxuries which increase and vary. The increase in needs which occurs due to the progress of a human in his urbanised life is related to the luxuries rather than to the basic needs. Man works to satisfy his luxuries, but their non-satisfaction does not cause a problem; what does cause a problem is the non-satisfaction of the basic needs. Besides all of this, the question of the luxuries increasing is a question which is only related to some people who live in a certain country and not to all individuals of that country. This question is solved through the natural urge of a human to satisfy his needs. This urge, resulting from the increase of the luxuries, drives man to work towards satisfying them, either by expanding the resources of his country, working in other countries, or through expansion and annexation of other countries. This is different from the issue of completely satisfying the basic needs of each and every individual in society. This is because the problem of distributing the wealth to each and every individual to satisfy his basic needs, and enabling every individual to satisfy his luxuries, is a problem related to the viewpoint in life, which is particular to a certain nation carrying a particular ideology. This is contrary to the question of increasing national income through increasing production, which is related to the situation of particular countries, and could be achieved through utilising the resources of the country, emigration, expansion, or annexation of other countries. This issue of increasing wealth depends on the practicality of the solution, and is not related to a particular viewpoint, and not related to a particular nation or ideology.

    The economic principles which have to be laid down are the principles which guarantee the distribution of the country’s internal and external wealth to each and every individual of the nation, so that they secure the complete satisfaction of all basic needs for each individual, and then enable every individual to seek the satisfaction of luxuries. However, raising the level of production requires scientific research, and its discussion in the economic system does not solve the economic problem, which is the complete satisfaction of the needs of each and every individual. An increase in the level of production leads to a rise in the level of the wealth of the country and does not necessarily lead to the complete satisfaction of all the basic needs of each and every individual. The country could be rich in its natural resources, as in the case of Iraq and Saudi Arabia, but the basic needs of most of their citizens are not satisfied completely. Therefore, the increase of production by itself, does not solve the basic problem which must be treated first and foremost, which is the complete satisfaction of the basic needs of each and every individual, and following that enabling them to satisfy their luxuries. Thereupon, the poverty and deprivation required to be treated is the non-satisfaction of the basic needs of man as a human being (i.e. food, shelter and clothing), not the increasing luxuries resulting from urban progress. Hence, the problem to be treated is poverty and deprivation of individual members of the society, not the poverty and deprivation of the country measured as a whole. The poverty and deprivation from this perspective (i.e. for every individual) is not treated by increasing national production, rather it is treated by the manner in which the wealth is distributed to the individuals in society enabling complete satisfaction of all their basic needs, and then enabling the individuals to satisfy their luxuries.

    Capitalism considers value as being relative and not real, and so is treated as a subjective measurement. Hence, the value of a yard of cloth is the marginal benefit of it assuming its availability in the market. Its value is also the quantity of commodities and efforts that could be exchanged for it. The value becomes a price if what is obtained for the yard of cloth is money. These two values, in their view, are separate, and they have two distinct names; benefit and the value of exchange. The meaning of value according to this definition is wrong, because the value of any commodity is the quantity of benefit in it, taking into account the element of scarcity. So the real view towards any commodity is to observe its benefit whilst taking into account its scarcity, whether it is possessed by man from the start like a hunt, or by exchange like selling, and whether this was related to the person or related to the thing. Thus, value is a name for a designated thing which has a specific reality, and not a name for a relative thing, which applies to it in one respect and is not applicable in another. So value is an objective measurement and not a relative thing. Therefore, the view of the economists towards value is wrong from its basis.

    What is referred to as the marginal utility value is an estimation meant to concentrate production based on the worst case scenario of distributing the commodity. Thus the value of a commodity is estimated based on the lowest limit so that production proceeds on a guaranteed basis. The marginal utility is not really the value of the commodity, nor even the price of the commodity, because the value of the commodity should be estimated by the amount of benefit in it at the time of estimation, taking into account the element of scarcity at that time. Its value would not drop if its price decreases later on, nor would it rise if its price increases as well, because its value was considered at the time of its evaluation. Therefore, marginal utility theory is a theory for price and not a theory for value, and there is a difference between price and value, even in the view of Capitalist economists. What governs the estimation of price is the abundance of demand together with the scarcity of supply or the abundance of supply together with the scarcity of demand; these matters are related to the level of production of a commodity, and not related to its distribution. Whilst value is estimated by the quantity of benefit present in the commodity at the time of evaluation, bearing in mind the element of scarcity. Scarcity it is not considered the main factor in the estimation; so supply and demand are not the main determinants of value.

    Therefore, the subject of value is wrong from its basis, and any subject based on it is definitely wrong since the basic concept is false. However, if the value of the commodity or service was evaluated according to the benefit or the effort expended, then such an evaluation would be correct and would lead to much greater stability. If the value was estimated by the price, the evaluation would be relative not real, and it comes closer to changing every time according to the market. In this latter situation, it is false to refer to it as a value, and so the term value would not truly apply. It would rather become a means to obtain money according to the market and not according to what it possesses of benefit.

    The Capitalists say that benefits are the result of the efforts which man expends. So, if the reward was not equal to the work then no doubt the level of production declines, and they conclude from this that the ideal method to distribute the wealth among the members of the society is that method which guarantees to achieve the highest possible level of production. This approach is totally wrong since in reality the resources, which God has created, are the basis of the benefit in the commodities. And the expenses spent in increasing the benefit of these resources (Research & Development), or initiating a benefit in them together with the work, are that which made them in the form which led to their particular benefit. So considering the benefit a result of the efforts only is completely wrong and it neglects the raw material and other expenses as in some cases, these expenses could be a compensation for a raw material, and not for an effort. Thus, the benefit could be a result of man’s efforts or could be a result of the existence of the raw material, or could be a result of both of them, but it is not only a result of man’s efforts.

    As for the decline in the level of production, it does not result solely from a decrease in the reward for work, since as well it could result from the depletion of the wealth of the country, or from war, or for other reasons. As an example, the decline of production in Britain and France after the Second World War did not result from a reduction in the reward to work, but it resulted from the ushrinkage in their influence over their rich colonies, and their involvement in the war. The decline in production of the US during the Second World War did not result from a reduction in the reward to work, but it resulted from its involvement in the war against Germany. The decline in the Muslim World nowadays did not result from a reduction in the reward to work, but it is a result of the intellectual decline into which the whole Ummah fell. Therefore, the inadequacy of the reward to work is not the only reason for a decline in production, and it is false to assume from this premise that the ideal method of distribution is to secure the raising of the level of production. Arriving at the highest possible level of production has no relationship with the distribution of wealth amongst individuals.

    The Capitalists say that the price is the incentive for production, because the motive for the person to expend any effort is his reward materially. This view is incorrect and contradicts reality. Man often expends effort in return for a moral reward such as the attainment of a reward from God, or for the sake of achieving ethical merit such as when one returns a favour. The needs of man can be materialistic such as material profit, and they can be spiritual such as sanctification, or moralistic such as praise. So taking into consideration materialistic needs only is incorrect. In fact, a man could expend resources in satisfying a spiritual or a moral need more generously than he spends in satisfying a materialistic one which tells us that price is not the only incentive for production. Accordingly stone mason could designate himself to work for months in cutting stones for building a mosque, a factory may assign its production for some days of the year for distribution to poor people, and a nation could allocate some or focus all of its efforts on preparing to defend it’s territories. Such production is not motivated by price. Moreover, the materialistic reward itself is not confined to price, it could come in the form of other commodities or services. Hence, considering the price as the only incentive for production is incorrect.

    One of the great anomalies of Capitalism is its consideration of price as the only regulator for distributing wealth amongst the members of society. They say that the price is the only constraint that forces the consumer in his possession and consumption to accept a limit comparable to his income, and it is the price which restricts the consumption of every individual in acceptance to what his revenues permits. Accordingly, through the rise in price of some goods and a drop in the price of others, and in the availability of money to some people and its non-availability to others, the price regulates the distribution of wealth amongst consumers. Thus, every individual’s share of the wealth of a country is not equal to his basic needs, but is equal to the value of the services in which he has contributed in producing commodities and services i.e. equal to what he owns of land or capital, or equal to what he carried out in work.

    From this principle, which makes the price the regulator of distribution, Capitalism has effectively decided that man does not deserve life unless he is capable of contributing to the production of commodities and services. The person who is incapable of contributing, whether he was born with a physical or mental disability, does not deserve life, and does not deserve to take from the wealth of the country in order to satisfy his needs. Also the person who was born strong in body or in mind, and who is more capable of creating and possessing wealth however he wishes, deserves to consume luxuriously and deserves to practice control and mastery over others with his wealth. Also the one whose motivation to seek material gains is stronger will exceed others in possessing wealth. Whereas, the one whose adherence to the spiritual and moral limits (which control him during the earning of wealth) is stronger, will have less than others in possessions or wealth.

    This approach excludes the spiritual and moral elements from life and produces a life built upon a materialistic struggle to gain the means of satisfying materialistic needs. This eventually occurs in all countries which adopt and apply Capitalism. The domination of Capitalist monopolies has developed in countries adopting Capitalism, with the producers exercising control over consumers. A small group of people i.e. the owners of large oil, automotive, and heavy industry corporations, have come to dominate consumers, reigning over them by imposing certain prices for the commodities they produce. This has led to attempts to “patch up” the economic system. They did this by giving the State (government) the right to intervene in fixing the price (price control) in special circumstances to protect the national economy, to protect consumers, and to reduce consumption of some commodities, as well as limiting the authority of monopolies. They also included in the regulation of production some public projects directed by the government. These measures contradict the basis of their economic system, which is economic freedom, and they are only applied in specific circumstances. Moreover, many Capitalists do not adopt this interventionist approach (Conservatives) and they scorn it, contending that the price mechanism alone is sufficient to achieve harmony between the interest of the producers and the interest of the consumers, without any need for governmental intervention. These patchwork solutions which are recommended by the supporters of intervention (Liberals), are only applied in certain circumstances and conditions, and even in these circumstances, the distribution of wealth amongst the individuals does not achieve the complete satisfaction of all basic needs for each and every individual.

    The poor distribution of commodities and services, which resulted from the concept of freedom of ownership and from the concept of making the price the only mechanism for distributing wealth, will continue to dominate every society that applies Capitalism. With regard to American society, many Americans had a sufficient share of the wealth of the country, to satisfy most of their basic needs completely, and to satisfy even some of their luxuries. This situation occurred due to the immense wealth of that country which had reached a level by which there was an opportunity for every individual to satisfy all of his basic needs and some of his luxuries. However, this was not due to making the share of the individual equal to the value of the services he contributed in production. Putting the price mechanism as the controller of distribution has made Capitalist monopolies in the West look abroad to other countries for new markets, from which to gain raw materials and to sell their products. What the world suffers from, in terms of colonisation, regions of influence and economic invasion, is only a result of these monopolies and making price a tool in the distribution of wealth. Thus, the resources of the world are accumulated on this basis in the hands of Capitalist monopolies. All this is due to the false rules and principles established by Capitalism.

    The Socialist Economic System

    As for the Socialist economic system, with Communism being a part of it, it contradicts Capitalism. Most of the Socialist ideas appeared in the Nineteenth century. The Socialists fought fiercely against the opinions of the freedom school of thought i.e. they fought the Capitalist economic system. The powerful emergence of Socialism was due to the iniquity which the society suffered under Capitalism, owing to its many fallacies and inadequacies. By reviewing the Socialist schools of thought, it appears that they agree on three issues, which distinguish them from other economic schools of thought.

    1. Achievement of a type of actual equality.

    2. Abolition of private property either completely or partially.

    3. The production and distribution of the commodities and services by means of the whole of people.

    However, despite their agreement in these three issues, they have fundamental differences in many points, the most important of which are:

    Firstly: The Socialist schools of thought differ in the form of the eventual equality they aim to achieve. One group advocates arithmetic equality which means equality in every thing of benefit, thus each person is given an identical amount. Another group suggests common equality, which means observing the ability of everyone when distributing work and looking at the needs of every individual when distributing products. Equality in their view is established when the following principle is applied: “From each according to his strength i.e. his ability (meaning by this the work which he performs), and to each according to his need (meaning the distribution of production).” A third group adopts equality in the means of production, since the resources are not sufficient to meet the needs of all individuals, the basis of distribution becomes: “From each according to his strength i.e. his ability, and to each according to his work.” So equality is achieved when each person is facilitated of the means of production the same as others.

    Secondly: The Socialist schools of thought differ in the quantity of private property which is to be abolished. One group adopts the abolition of private property completely, which is Communism. Another suggests the abolition of private property related to the means of production which is called capital i.e. factories, railways, mines and the like. Thus they prohibit the possession of any commodity which is used for production. Hence, one cannot own a house for the purpose of leasing it, nor a factory, nor a piece of land, but they may keep certain types of property for the purpose of consuming them. It is allowed for them to own everything they consume, so for example they can own a house to live in, and what the land and factories produce but not the land/factory itself. This is called Socialism of Capital. Another group does not advocate the abolition of private property except that which is relevant to agricultural land. These are the Agrarian Socialists (Agrarian Reformers). Yet another group says that every case in which public interest invites the transforming of a private property to public property, has to be studied. They call for restricted ownership of private property in many areas by putting laws for the maximum limit of interest and rent, a minimum limit for wages, and strives to give workers a share in the capital. This is called State Socialism.

    Thirdly: The Socialist schools of thought differ in respect of the means they adopt to implement their objectives. Thus, revolutionary Socialism (Revolutionary Syndicalism) depends upon liberating the labour force by what it calls direct action i.e. the efforts of the labour force themselves, such as disruptive strikes, sabotage of machinery, and propagating the ideas of a General Strike amongst workers. They work to mobilise them around this idea, until the time comes when they are able to implement a General Strike, thus paralysing economic activity, which would eventually result in the demolition of the present economic system.

    As for the Marxist Socialists, they believe in the natural law of evolution in society and believe that this alone is sufficient to destroy the current system, which will then be replaced by another system established on Socialism.

    As for the advocates of State (Government) Socialism, their means to implement their thoughts is through legislation. So, by issuing canons they warrant the preservation of public interests and improvement in the conditions of the labour force. Additionally, by levying taxes, particularly the phased-in taxes on capital and inheritance, they suggest that they will close the gap between private properties.

    The Socialist schools of thought differ with respect to the structure which is needed to administer the projects in the Socialist system. For example the Capital Socialists want to assign the organisation of production and distribution to the government (State), while the Syndicalists want to confer management to organised groups of labour, headed by their chiefs (Guild Socialism).

    The most famous and influential among Socialist theories are those of the German, Karl Marx. His theories have dominated the Socialist world, and upon them the Communist Party and the Union of Soviet Socialist Republics (USSR) in Russia were established. His theories continue to have a great impact until today.

    One of the best known theories of Karl Marx is the theory of value, which he took from the thinkers of Capitalism, and upon which he attacked Capitalism. Adam Smith, who is considered the leader of the Free School of Thought in England and is viewed as the person who put the basis of the political economy i.e. the Capitalist economic system, defined value by saying: ‘The value of any commodity depends on the magnitude (quantity) of effort spent in its production.’ So the value of the commodity whose production needs two hours is worth twice the value of the commodity whose production needs only one hour. Ricardo who came after Adam Smith, explained his theory of work, when he defined value, saying: ‘What limits the value of the commodity is not only the quantity of work spent directly in its production, but should include the work spent, in the past, in producing the tools and machines used in the production process as well.’ This means that Ricardo believed that the value of the commodity depends on the expenses incurred during production. He referred these expenses to one element, which is the work.

    After this, Karl Marx used Ricardo’s theory of value in Capitalism as a weapon to attack the concept of private property and Capitalism as a whole. He said that the only source of value is the work spent in a commodity’s production, and that the Capitalist financier buys the energy of a worker with a wage that does not exceed the limit necessary to keep him alive, and able to continue working. The financier then exploits the energy of the worker by making him produce commodities, whose value greatly exceed that which is paid to the worker. Karl Marx called the difference between what the worker produces and what he is actually paid, the surplus value. He determined that this value represents what the landlords and the business people usurp from the worker’s rights, in the name of revenue, profit, or rate of return on capital, a matter which he did not acknowledge as valid.

    Karl Marx was of the opinion that the Socialist schools which came before him had envisioned the success of their ideas to be dependent upon the inherent nature of the human being in his love for justice and support for the oppressed. These schools used to adopt new methods which they had innovated, for their application upon society, and they presented these ideas to the governors, business people, and the enlightened people, urging them to implement their ideas. Karl Marx however, did not build his school of thought on this idea nor did he follow this approach. He built his school of thought on the basis of a philosophical doctrine known as the Theory of Historical Evolution, which is referred to as the Dialectic Theory. He conceived the establishment of the new system in society through the functional operation of certain economic laws, and as a result of the law of evolution in society, without the intervention of a manager, a lawmaker, or a reformer. Karl Marx called this type of Socialism – Scientific Socialism, to differentiate it from the Socialist methods which came before it which were called Utopian Socialism. The Socialist theory of Karl Marx is summarised as follows:

    The system of the society in any age is a result of the economic situation. The transformations which affect this system all come as a result of a class struggle to improve their material situation. History tells us that this struggle ends with the victory of the class which is greater in number and worse in condition, over the wealthier class which is fewer in number. He called this the law of social evolution. It applies to the future as well as the past. So, in previous ages this struggle existed between the freedmen and the slaves, then between the nobles and the subjects, then later on between the nobles and the serfs (peasants), and between the leaders and chiefs in sectarianism. This struggle always ended with the victory of the oppressed class, which were greater in number, over the oppressor class, which were smaller in number. But after its victory the oppressed class turns to become a conservative oppressor class. Since the French revolution this struggle existed between the middle class (Bourgeoisie) and the working class. The first class became the masters of the economic projects, the owners of the capital, and became conservative. Facing it was the working class which owned nothing of the capital, but was much greater in number. Consequently, this situation led to a conflict of interest between the two classes, the origin of which was based on economic reasons.

    The production fashion, today, does not conform to the system of ownership. Production no longer remains individual i.e. being performed by the person alone, as it was in past ages, but rather has become associative i.e. conducted by individuals together. At the same time however, the system of ownership has not changed. So individual ownership continues and is still the basis of the system in current society. As a result of this the working class, which participates in production, does not have a share in the ownership of the capital, and remains under the mercy of the Capitalists (the owners of the capital), who do not by themselves participate in the production. The Capitalists exploit the labour force, paying it only subsistence wages, and the workers are compelled to accept it since they have nothing but their efforts to sustain themselves. The difference between the value of the product and the labour wage – which Marx calls the surplus value – constitutes the profit which the Capitalist monopolises, while justice assumes it should be the share of the workers.

    So the conflict would continue between these two classes until the system of ownership conforms with the system of production i.e. when ownership becomes Socialist or collective. This struggle will end with the victory of the working class according to the law of evolution in society, since it is the oppressed class and is greater in number.

    Regarding the manner in which the working class will succeed, and the reasons for its success, this is based on the law of evolution in society. The current system of economic life bears within itself the seeds of the forthcoming community, and this current system will vanish due to the effects of the economic laws to which it is subjected. There was the time when the middle class conquered the nobles and played an important role in economic life, since it became the owner of the capital. However, as the argument goes, its role has ended, and the time has come for it to relinquish its position to the working class. What obliges it to do so is the law of concentration and process of free competition. By the effect of the law of concentration the number of Capitalists (owners of the capital) diminishes, and the number of the working class increases. Through the effects of free competition, production surpasses every limit, and the quantity of production exceeds that which the consumers of the working class can buy with their low level of wage. This leads to a crisis causing some of the owners to lose their capital and enter the labour market. As the system progresses the intensity of crises increases, the gap between their occurrences closes, and the number of Capitalists decreases gradually. Then it is not long before a crisis greater than all the preceding crises occurs, of such major proportions that it demolishes the pillars of the Capitalist economic system, with the system of Socialism to be then established upon the Capitalist ruins. Marx conceived the emergence of communism to be the last stage in the historical evolution, because it demolishes private property, and hence no more reason exists for the conflict of the classes in society, due to the absence of differences between them.

    Karl Marx illustrated that the law of concentration was a part of the Capitalist economy. In summary, there is a migration of work and capital from some projects to others, so that some increase while others decrease. All these are scenarios which show the occurrence of concentration in production. If one investigated the number of projects in one branch of industrial production, such as chocolate factories for example, one would find that the number of projects had diminished gradually, over time, while the average number of the production work force increased in every project. This is an evidence that concentration occurred in this branch of production, since the greater sized production replaces the smaller production. So if the number of factories were for example, ten, they will in time become four or five large factories, and the rest will disappear.

    Marx’s determination of free competition meant the principle of the freedom to work, which means that every person has the right to produce whatever he likes in the way he likes.

    The economic crises, according to Marx, apply to every sudden disturbance that affects the economic equilibrium. The specific crisis includes all the kinds of crises which befall a particular branch of production, due to the imbalance between production and consumption. This incident occurs either due to overproduction or underproduction, or due to over-consumption or under-consumption.

    As for the recurrent (periodic), major crises, they appear in the form of violent convulsions which shake the pillars of the whole economic system, and become the point of separation between the period of economic boom and of economic depression. The periods of boom vary between three to five years in length, as do the periods of depression. Recurrent, major crises have special characteristics which distinguish them. These characteristics fall under three main qualities, which are: Firstly, the quality of generalisation. This means that in one country, the crisis hits all aspects of economic prosperity, or at least most of them. This general crisis, appears at first in one country where it dominates, and then spreads to other leading industrial countries which were linked together by some permanent relations. The second quality is that they are recurrent. This means that the crisis occurs in repetitive and cyclical periods. The period which separates between one crisis and another fluctuates between seven and eleven years. Its occurrence is not over a fixed/definite time although it is recurrent. The third quality is that of excessive production, such that the owners of the large projects face great difficulty in disposing of their products, so the supply exceeds demand for many products leading to the crisis.

    Karl Marx considered that these major crises force some people to lose their capital, so the number of owners diminishes and the number of workers increases. These occurrences are what will lead finally to the major crisis in the society which demolishes the old system.

    This is a summary of Socialism including Communism as one of its forms.

    From this summary it appears that the Socialist schools of thought including the Communists, strive to achieve real equality amongst the individuals; either equality in benefits, equality in the means of production, or absolute equality. Any kind of such equality is impossible to achieve, and it is nothing but hypothetical assumptions. It is impractical and therefore impossible. This is because equality in itself is unreal, and thus impractical. People by the very nature with which they were created vary in their physical and mental capabilities, and they vary in the satisfaction of their needs. Equality amongst them cannot be achieved. Even if one distributed equal shares of commodities and services among the people by force, it would be impossible for them to be equal in using this wealth in production or utilisation. And it would be impossible for them to be equal in terms of the quantity they need to satisfy their respective needs. Therefore, equality between them is a speculative and hypothetical concern.

    Moreover, equality by itself amongst people, while they are different in strength/power, is considered far from the justice which the Socialists claim they try to achieve. The variety found in people in terms of ownership, and in the means of production, is inevitable and quite normal. Every attempt at achieving equality is destined for failure as it contradicts with the natural disparity existent amongst human beings.

    Regarding the complete abolition of private property, this contradicts with man’s nature, because ownership is a manifestation of the survival instinct, which is definitely existent in man. Being natural in him, a part of him, and a manifestation of his natural energy, it is impossible to be extinguished since it is instinctive. Anything that is instinctive in man cannot be eliminated from him as long as he is alive. Any attempt to abolish private property is nothing but a suppression of the human beings natural instincts, and can only lead to anxiety. Therefore, it is natural to organise this instinct rather than trying to eliminate it.

    With regard to the partial abolition of property, it has to be studied. If what is meant by this is to put a ceiling on the magnitude of commodities that can be owned, then this would be a limitation in quantity, which is wrong, since it limits the activity of man, obstructs his efforts, and reduces his production. By preventing people from owning that which exceeds a certain level, this effectively stops them at that limit, interrupting the individuals from their activities, and thereby depriving the community of the benefit of these activities.

    However, if ownership is limited to certain commodities and services without restriction in the quantity owned, this would be acceptable, as it does not obstruct the activity of man. This approach organises the ownership of property among individuals, and it encourages them to expend more effort and increase activity.

    If the partial abolition of ownership means that the individual is prevented from owning certain properties, whilst other properties can be owned without any limit over the quantity, this could be taken into further consideration. If the beneficial nature of these properties cannot be enjoyed by the individual alone, except by depriving the public of that property, then it is natural to prevent the individual from owning that property individually; such as public roads, town squares, rivers, seas, and the like. The restriction is decided by the nature of the property. There is, therefore, nothing wrong in banning the individual ownership of those properties which are beneficial to the community, because this ownership was determined by the nature of the property itself.

    If the nature of the property does not require prohibition of individual ownership, further analysis should still be conducted; if the property can be included under the first type i.e. properties whose individual ownership would deprive the community, such as water and mineral resources, then there is nothing wrong in banning their individual ownership. The issue which makes this type of property included under the first type is that by its nature if owned individually it would deprive the community of it. However, if owning the property does not deprive the community of it, then there should be no restriction on its ownership. To do so would unfairly limit ownership for no reason. This would be like limiting the ownership by quantity which will only result in restricting the man’s activities, interrupting his efforts, reducing his production, and stopping him from work when he reaches the set limit of ownership.

    The partial abolition of ownership in Socialism is a limitation through quantity of ownership, rather than by the ways and means of ownership. It prevents ownership of some properties, which by their nature and by the nature of their origin should be individually owned. Socialism either limits ownership in magnitude, such as limiting ownership of land up to a certain area, or it limits ownership of certain properties such as the means of production. Many of these properties, by their nature, could be owned by individuals. Ownership restrictions of this type of property restricts activity whether the restriction was pre-specified by the law, such as preventing inheritance, ownership of mines, railways, or factories; or if it were left to the State to decide, on a case by case basis, to prevent possession wherever public interest requires it to do so. All this is limitation of the activity of individuals as long as these properties by their very nature, can be owned by individuals.

    The organisation of production and distribution through people cannot (and should not) be achieved by inciting disturbances and anxiety amongst people, or by inciting hatred between them. This can only lead to anarchy, rather than organisation. Furthermore, the organisation of production in the community cannot be achieved naturally by making the working class feel the oppression of business people, since the business people could be smart and ingenious enough to satisfy the needs of the labour force – as is the case with the factory workers in the United states. So the working class do not feel the oppression of having the fruits of their efforts exploited. In this way the evolution which would better organise the production and distribution would not occur. This organisation should come through proper laws and solutions which are built on a definite basis that deals with the real nature of the problems. Socialism relies on organising the production and distribution, whether by inciting tension and disturbances amongst the working class, or by the natural law of evolution in society, or from the manmade (wadh’iya) legislation and canons that do not emanate from a definite basis or creed. Therefore this organisation is false from its basis.

    This outlines the fallacies of Socialism. With regard specifically to the Socialism of Karl Marx, its fallacy appears in three aspects:

    Firstly: His opinion on the theory of value is erroneous and disagrees with reality. The opinion, stating that the only source for the value of the commodity is the work spent in its production, disagrees with reality since the spent work is only one (but not the only) source of its value. There are other elements, besides the work, that the value of the commodity could be comprised of such as the raw material upon which the work was carried out, or the demand for the benefit of the commodity as well. The raw material could contain a benefit that exceeds the work spent in its procurement such as in hunting for example. The benefit of the commodity could have no demand in the market, and be forbidden for export, such as wine for Muslims. So putting work as the only source of value is untrue, and does not conform to the reality of the commodity as it is.

    Secondly: His opinion states that the social order existing at any time, is a product of the economic situation, and that the various transformations which befall this system are all due to one reason, which is the struggle of the classes for the objective of improving their material situation. This opinion is erroneous, baseless, and built upon doubtful and hypothetical assumptions. The reason for its error and disagreement with reality is obvious from historical events and the current situation. We see that the transformation of Russia into Socialism did not occur due to a materialistic evolution, nor due to a class struggle that led to the change of the system. Rather, a group took over through a bloody revolution, and started to apply its thoughts upon the people, and changed the system. The same happened in Red China. The application of Socialism in East Germany rather than West Germany, and Eastern Europe rather than Western Europe did not occur as a result of any class struggle. Rather it occurred through the conquering of these countries by a Socialist State which implemented its system upon the conquered nations. The same occurred with the Capitalist states, with the Islamic State, and with any other system. Furthermore, the countries which this law predicted would change their system through class struggle, were Germany, England, and the United states, all Capitalist countries where the capital owners and workers are many. They were not Czarist Russia or Red China, which were agricultural rather than industrial, and where the number of capital owners and workers were much fewer in comparison to the West. Despite the overwhelming presence of the two classes in Western Europe and the United states, they were not converted to Socialism, and they all still apply Capitalism to this day. The presence of these two classes (capital owners and workers) did not have any effect on their system. This alone is enough to refute this theory from its basis.

    The third appearance of the error of Karl Marx’s theory appears in what he said about the law of social evolution, that the system of economic life is destined for extinction by the effect of the economic laws which control it, and that the middle class which won the battle against the class of the nobles i.e. the owners of the capital – will ultimately evacuate its place for the labour class, due to the law of concentration. The theory of Karl Marx concerning concentration of production, on which he builds the increase in the number of the workers and the decrease in the number of the owners of capital, is false. This theory is false because there is a limit which concentration of production cannot overstep. So it arrives at a certain limit and stops, thus it will no longer be a catalyst in the evolution imagined by Marx. Moreover, concentration of production does not exist at all in one of the main branches of production, namely agriculture. How then can the law of evolution occur in society? Besides, Karl Marx asserts that concentration of production is followed by concentration of wealth (resources), which results in a reduction in the number of financiers, and an increase in the number of workers, who own nothing. This view is erroneous, since the concentration of production could result in an increase in the number of capital owners, and could result in the working class becoming capital holders. The major projects, which are conducted by the large Corporations, usually have shareholders from the working class, which is an example that refutes this theory. Moreover, many of the working class in the factories have high salaries, such as engineers, chemists and managers, thus being able to save a great part of their salaries, and becoming by themselves investors, without the need to establish independent projects. Therefore, what Karl Marx propounds about workers and evolution does not apply to them.

    This is but a brief examination of the principles upon which the Capitalist and Socialist, from which came the Communist, economic systems are established. From this examination the fallacies present in these principles are apparent. This is on one hand; on the other hand, both systems are contradictory to the Islamic method in addressing the problems and contradictory to Islam itself.

    As to their contradiction to the Islamic method of solving the problems, one finds that the Islamic method in solving the economic problem is the very same method Islam uses in solving any of the other human problems. The common approach of Islam is to study the reality of the economic problem, understand it, and then deduce a solution for the problem from the Shari’ah texts after studying these texts, and to ensure that they apply to that particular problem. This is different from the Capitalist and Socialist method. In Capitalism, the situation which resulted from the problems, is used as a source for the solutions (pragmatism). In Socialism the solutions are taken from hypothetical assumptions which are imagined to be existent in the problem, and the solutions are put according to these assumptions. Each of these two methods is different to the method of Islam, so it is not allowed for a Muslim to adopt them.

    The contradiction of the Capitalist and Socialist, and from it the Communist, economies to Islam is that Islam adopts its solutions as divine rules (ahkam Shari’ah) derived from the legislative sources while the Capitalist and Socialist economic solutions are not divine rules, but are from a system of kufr. Judging on things according to them means ruling with other than what Allah has revealed, which is not allowed for any Muslim to adopt in any way. Their adoption is an open sin (fisq) if their adopter does not believe in them. But if he believed that they are the proper rules and that Islamic rules do not suit the modern age and do not offer solutions to the particular economic problems, then this is kufr, may Allah (SWT) protect us from it.

    Economy

    The word economy (iqtisaad) is derived from an old Greek term, which means the planning of home affairs, such that its active members associate in producing the commodities and performing the services, and all of its members share in enjoying what they possess. Through time, people extended the meaning of home until it meant the community which is governed by one State. It is not intended to use the word economy (iqtisaad) in its linguistic meanings which are saving or property. What is meant is the technical meaning of the word i.e. the management of property, either by its increase, and securing of its production which is discussed in economic science; or by the manner of its distribution, which is discussed in the economic system.

    Though both economic science and the economic system deal with the economy, their respective meanings differ significantly. The economic system is not affected by fluctuations in the amount of wealth. The fluctuations in the amount of wealth do not affect the form of the economic system. Therefore, it is a serious error to look at the economy as one subject, and to discuss it as one matter, as this leads to either error in understanding the economic problems needing to be solved, or misunderstanding the factors that increase the wealth in the country. This is because the management of the community’s affairs in respect of the creation of wealth is one issue, and the management of the people’s affairs in respect of wealth distribution is another issue entirely. So, the subject of managing the economic material must be separated from the subject of managing its distribution. The first is connected with the means and the second is connected with the thought. The economic system must be discussed as a thought that is based upon the viewpoint of life (the creed of a particular ideology), and economic science must be discussed as a science that has no relationship with the particular viewpoint in life. The most important subject in this context is the economic system, because the economic problem revolves around mankind’s needs, the means of their satisfaction, and utilising these means. Since the means are present in the universe, their production does not cause an essential problem in satisfying the needs, but rather the needs drive man to produce these means. However, the real problem present in the relationships of people i.e. in the society, results from enabling or restricting people from utilising these means. This results from the subject of man’s ownership of these means. This is the basis of the economic problem, which must be treated. So the economic problem results from the subject of possessing the benefits, not from producing the means which give the benefit.

    The Basis of the Economic System

    The benefit in a thing represents the Suitability of that thing to satisfy a need of man. Benefit comprises two elements. One is the extent of desire for that particular thing felt by a human. The second is the merits existent in the thing and its Suitability to satisfy human needs, as opposed to the need of a particular person. This benefit results from either human effort, the commodity, or from both of them. The form of human effort includes the intellectual and the physical effort which he expends to develop a commodity or a benefit from a commodity. The term commodity includes everything possessed for utilisation through buying, leasing or borrowing, whether by consumption, such as the apple or by usage such as a car; or through the benefit of using it like borrowing machinery or leasing a house. Property (maal) includes money such as gold and silver, commodities such as clothes and foodstuffs, and immovable properties such as houses and factories and all other things which are possessed. Since property (maal) itself satisfies human needs, and human effort is a means to obtain the property (maal) or its benefit, then the property (maal) is the basis of the benefit, whilst man’s effort is only a means that enables him to obtain the property (maal). Hence, man by his nature strives to obtain such wealth for possession. Therefore man’s effort and property (maal) are the tools which are used to satisfy his needs, they are the property (maal) which man strives to possess. Therefore wealth is the property (maal) and the effort together.

    The individuals’ acquisition of wealth occurs either from other individuals, such as the possession of property in the form of a gift, or directly, such as the possession of raw materials. Acquisition of a commodity is for either:

    1. consumption, like possessing an apple,
    2. utilisation, like owning a house,
    3. possession of the benefit of the property, like leasing a house,
    4. or possession of the benefit resultant from human effort, like an architect’s blueprints.

    Possession of wealth in all of its forms, is either through compensation such as selling and leasing property, and wages of the employee; or it is not compensation such as donations, grants, presents, inheritance or loans. However, the economic problem lies in the possession of wealth and not in the creation of wealth. The economic problem results from the viewpoint towards ownership, from the ill disposition of this ownership, and from the ill disposition of the wealth amongst people. The problem doesn’t stem from any other matter, and therefore addressing this aspect is the basis of the economic system.

    The basis upon which the economic system is built constitutes three principles:

    1. Ownership,
    2. Disposal of the ownership, and
    3. The distribution of wealth amongst the people.

    The View of Islam towards the Economy

    The view of Islam towards wealth differs from its view of utilising it. Islam considers the means that produce a benefit a subject different from the subject of possessing the benefit. So property and human effort are the components of wealth, and they are the means which produce benefit. Their position in the view of Islam regarding life’s affairs and in regard of their production differs from the question of using them, and from the method of possessing this benefit. Islam interferes directly in the question of utilising some properties. So it prohibits the use of some commodities such as wine and dead foodstuffs. Similarly it prohibits benefiting from some of man’s actions, such as dancing and prostitution. It also prohibits the trade of commodities that are forbidden to be eaten, whilst prohibiting the hiring actions that are forbidden to be performed. This refers to the utilisation of the property, and man’s effort. However, regarding the method of possessing property and man’s effort, Islam has put numerous laws regulating this ownership, such as laws of hunting and land reclamation, and the laws of leasing, manufacturing, inheritance, donations and wills.

    This is regarding the utilisation of wealth and the manner of its initial ownership. Regarding generating the production of wealth, Islam encourages it through motivating the people to earn. Islam does not interfere in defining the technical manner of increasing production, or the quantity of production, rather it left that to people to achieve as they like. Turning to the existence of property, it exists in this world naturally. Allah (SWT), the Glorified, the Supreme, has created it, and left it for man’s disposal. The Supreme says:

    “It is He who created for you all that exists on earth.” [TMQ 2:29]

    And He (SWT) said:

    “Allah is He Who put at your disposal the sea so that the ships may sail by His command, and so as you may seek His bounty.” [TMQ Al-Jathiyah 45:12]

    And He (SWT) said:

    “He put at your disposal that which is in the heavens and that which is in the earth, all from Him.” [TMQ Al-Jathiyah 45:13]

    And He (SWT) said:

    “Let man consider his food. How We pour water in showers. Then split the earth in fragments. And cause the grains to grow therein. And grapes and fresh vegetation. And olives and dates, and enclosed gardens, dense with lofty trees. And fruits and grazes. Provision for you and your cattle.” [TMQ ‘Abasa 80:24-32]

    And He (SWT) said:

    “And We taught him the art of making garments (of mail) for your benefit, to guard you from each other’s violence.” [TMQ Al-Anbiyaa 21:80]

    And He (SWT) said:

    “And We sent down iron, in which is great might, as well as many benefits for mankind.” [TMQ 57:25]

    Allah (SWT) illustrated in these verses, and others like them, that He (SWT) created property and created man’s efforts, and He (SWT) did not discuss anything else that may be linked to them, which indicates that He (SWT) did not interfere in the property or in man’s effort, except that He (SWT) showed that He (SWT) created them for people to utilise them. He (SWT) also did not interfere in the production of wealth; there is no Shari’ah text (divine legal text) which denotes that Islam interferes in the production of wealth. On the contrary, we find the Shari’ah texts indicate that the Shari’ah has allowed the issue of mining or extracting the mineral resources, and improving man’s effort to man. It was narrated that the Prophet (SAW) said in the issue of manual pollination of date trees: “You are more aware of the routine issues of your daily life (amr dunyakum).” It is also narrated that the Prophet (SAW) sent two of the Muslims to Jurash of Yemen to learn weapons manufacturing. These examples indicate that the Shari’ah has left the matter of production of wealth to the people, to be produced according to their experience and knowledge.

    From all of this, it is apparent that Islam focuses upon the economic system and not economic science. It makes the use of wealth, and the method of ownership of its benefit as its subject. It does not address the production of wealth, or the means of its utilisation.

    Economic Policy in Islam

    The economic policy is the objective of the laws which deal with the management of human affairs. The economic policy in Islam is to secure the satisfaction of all basic needs for every individual completely, and to enable him to satisfy his luxuries as much as he can, as a person living in a particular society, which has a certain way of life. So Islam looks at every individual by himself rather than the total of individuals who live in the country. It looks at him as a human being first, who needs to satisfy all of his basic needs completely, then it looks to him in his capacity as a particular individual, to enable him to satisfy his luxuries as much as possible. Islam looks to him at the same time, considering him a person linked with others by certain relationships run in a certain way, according to a particular fashion. The purpose of the economic policy in Islam is not to raise the standard of living in the country without looking to secure the rights of life for every individual completely. Nor is it just to provide the means of satisfaction in the society, leaving people free to take from such means as much as they can, without securing the livelihood right for each individual. Rather, it addresses the basic problems of everyone as human beings, who live according to particular relationships, then enabling each individual to raise his standard of living and achieve comfort for himself, according to a particular fashion of life. As such it is different from the other economic policies.

    While putting the economic rules for the human being, Islam relates the legislation to the individual to secure the right of livelihood and to secure the luxuries, while it verifies that the society has a special way of life. So, it takes in consideration what the society should be, at the same time that it seeks to secure livelihood and to enable satisfying luxuries. It makes its view towards what the society ought to be as a basis for its view towards the livelihood and the luxuries. Therefore, one will find that the divine rules (Ahkam Shari’ah) have secured the satisfaction of all of the basic needs (food, clothing and housing) completely, for every citizen of the Islamic State. This is achieved by obliging each capable person to work, so as to achieve the basic needs for himself and his dependants. Islam obliges the children or the heirs to support the parents if they are not able to work, or obliges the State Treasury (Bait al-Mal) to do so, if there is nobody to support them. As such, Islam requires that the individual secures for himself and his dependants the satisfaction of the basic needs i.e. adequate foodstuffs, clothing and housing. Islam then encourages the individual to secure the luxuries of life as much as he can.

    Islam also prevents the government from taking property through the imposition of taxes, except in cases where it is obligatory upon all Muslims to care for e.g. famine or jihad. Tax then is taken only on the wealth, which exceeds that which each individual normally uses to satisfy his basic needs and luxuries. In this way, it achieves the right of livelihood for everyone individually, and facilitates the securing of the luxuries. At the same time, Islam sets certain limits within which the individual can earn in order to satisfy his basic needs and luxuries, and organises his relationships with others according to a particular fashion. So Islam prohibits the production and consumption of wine by Muslims, and it does not consider it an economic material. Islam prohibits the taking of riba (usury, interest, etc.) and its usage in transactions for everyone who holds Islamic citizenship. It does not consider riba as an economic commodity, whether for Muslims or non-Muslims. So Islam considers what the society ought to be when utilising any property as a fundamental basis for utilising the economic commodity.

    Islam did not deny individuality while it looked at human beings in general terms, nor did it deny the aspect of humanity when viewing the individual. Furthermore, Islam does not consider what the society ought to be, separate from the issue of securing the satisfaction of the basic needs for every individual, and enabling man to satisfy his desire for luxuries. Rather, Islam makes the satisfaction of the needs and what the society ought to be, as two matters which are inseparable from each other by considering what the society ought to be as a basis for satisfying the needs. For the sake of satisfying all the basic needs completely, and to enable satisfaction of the luxuries, the economic commodity should be available to people, and it will not be available to them unless they strive to earn it. Therefore, Islam encourages people to earn, seek the provision and strive. And it made striving to earn the provision compulsory.

    Allah (SWT) the Supreme said: “So walk in the paths of the earth and eat of His sustenance which He provides.” [TMQ Al-Mulk 67:15].

    However, this does not mean that Islam interfered in the production of wealth, or that it demonstrated the technical matters related to increasing production, or the amount of production, because it has nothing to do with production. Rather it only encourages working for the earning of property. Many Ahadith came to encourage the earning of property. In one narration, the Prophet Muhammad(SAW) shook the hand of Sa’ad ibn Muadh (ra) and found his hands to be rough. When the Prophet (SAW) asked about it, Sa’ad said: “I dig with the shovel to maintain my family.” The Prophet (SAW) kissed Sa’ad’s hands and said: “(They are) two hands which The Supreme loves.” The Prophet (SAW) said: “Nobody would ever eat food that is better than to eat of his own hand’s work.”

    It was also narrated that Umar bin Al-Khattab (RA) passed by some people, who were known as readers of the Qur’an. He saw them sitting and bending their heads, and asked who they were. He was told: “They are those who depend (al-mutawwakiloon) upon Allah (SWT).” Umar replied: “No, they are the eaters who eat the people’s properties. Do you want me to describe those who really depend upon Allah (al-mutawwakiloon) are?” He was answered in the affirmative, and then he said: “He is the person who throws the seeds in the earth and then depends on His Lord The Almighty, The Exalted (‘azza wa jalla).”

    Thus we find that the verses and the ahadith encourage striving to seek provision, and working to earn property, just as they encourage the enjoyment of the property and eating of the good things.

    Allah (SWT) said:

    “Say: who has forbidden the beautiful (gifts) of Allah (SWT), which He has provided for His servants, and the things, clean and pure, (that He has provided)?” [TMQ 7:32]

    And: “And let not those who are niggardly, who withhold the gifts which Allah (SWT) has given them from His Grace, think that it is good for them. Rather it is worse for them. That which they hoard will be their collar on the Day of Resurrection. To Allah (SWT) belongs the heritage of the heavens and the earth, and Allah (SWT) is informed of what you do.” [TMQ 3:180]

    And: “O you who believe! Spend of the good things which you have earned, and of that which We bring forth from the earth for you.” [TMQ 2:267]

    And: “O you who believe! Do not prohibit the good things which Allah (SWT) made halal for you.” [TMQ 5:87]

    And: “And eat of that which Allah (SWT) provided for you, halal and good.” [TMQ 5:88]

    These verses, and the like, denote clearly that the divine rules (Ahkam Shari’ah) related to the economy, aim at acquiring property and enjoying good things. So Islam obliged individuals to earn, and ordered them to enjoy wealth that they earned, so as to achieve economic growth in the country, to satisfy the basic needs of every person, and to enable the satisfaction of his luxuries.

    In order to facilitate the acquisition of property, we find that Islam puts the rules related to the manner of possessing wealth without any complications. So it made the manner of possessing property very easy. Thus Islam defined the legal means of ownership, and it defined the contracts through which property ownership is exchanged, and left man free to develop the styles and means by which he earns, and it did not interfere in the production of the wealth.

    Islam defines the legal means of ownership and contracts in general guidelines that include legal principles, and rules, under which numerous issues belong and against which numerous rules are measured by analogy (qiyas).

    Thus it obliged work, detailed its rules, and left the person to work as a carpenter, manufacturer, technician, trader, etc. The gift is legislated in such a way to include donations or grants, as means of ownership. Employment was legislated in such a way as to include the representation (wikala), as being entitled to compensation, by analogy (Qiyas). Thus we find that the means of ownership and the contracts are detailed by Shari’ah in general outline and set in such a way as to include any contemporary incidents; yet they do not allow for any new type of transactions. It is obligatory that people restrict themselves to the transactions that are defined by the Shari’ah, which apply to new incidents however numerous.

    As such, the Muslim proceeds steadily in earning property, without being faced with obstacles, which prevent him from earning through halal means. Thus, the satisfaction of all basic needs is possible for every person. Islam not only encourages and motivates the individual to earn, it also requires the State Treasury (Bait al-Mal) to be responsible for the support of all the citizens. So it made the support of the mentally or physically disabled as the State’s responsibility, and it made the provision of the basic needs of the nation (Ummah) as one of its duties. Because the State is obliged to look after the affairs of the Ummah.

    Bukhari narrated from Ibn Umar: The Prophet (SAW) said: “The Imam is in charge (ra’i) and he is responsible for his citizens.”

    In order for the State to perform the duty placed on it by the Shari’ah, the Shari’ah gave the State the authority to collect certain revenues such as the head tax (jizya) and the land tax (kharaj), with zakat also to be collected by the State Treasury (Bait al-Mal). The State also has the right to collect funds for those services which are a duty upon the Ummah, such as the repair of roads, building hospitals, feeding hungry people, and the like.

    The Shar’a made the State responsible for the management of public property. The Shari’ah prevents individuals from running public property on their own, because the overall responsibility is for the Imam, and none of the citizens is entitled to assume this responsibility unless he was designated by the Imam. The public properties of water, oil, iron, copper and the like, are properties which must be utilised in order to achieve economic progress for the nation (Ummah), because these properties belong to the Ummah, and the State is merely in charge of them for their administration and development. When the State supplies funds, and discharges its duty of looking after the affairs of the people, and when every capable individual earns property, then abundant wealth becomes available for the satisfaction of the individuals basic needs completely, and the luxuries.

    However, the economic progress through encouraging and motivating every capable individual to work, assigning properties to the State and the investing of public property, all that is a means to satisfy the needs, not for the sake of having property for itself, nor for boasting, nor to spend it in sin, nor for arrogance and oppression. That is why the Messenger of Allah (SAW) said: “Whosoever sought the life (matters) legitimately (halal) and decently he will meet Allah (SWT) The Supreme with his face as a full moon; and whosoever sought it arrogantly and excessively he will meet Allah (SWT) while He is angry at him.”

    The Prophet (SAW) also said: “Do you have, son of Adam, of your property except that which you ate and consumed, that which you wore and exhausted, and that which you donated and kept (for yourself)?”

    Allah (SWT) the Supreme said:

    “Don’t commit israaf (spending or going beyond the limits imposed by Islam); surely He does not like those who condone israaf.” [TMQ 7:31]

    Islam made the aim of owning property a means towards satisfying the needs and not for the purpose of boasting. It also made managing the economy as a whole according to Allah (SWT)’s orders inevitable. It ordered the Muslim to seek the Hereafter through what he earns and not to forget his share of this worldly life.

    Allah (SWT) the Supreme said:

    “But seek the abode of the Hereafter in that which Allah has given you, and do not neglect your portion of worldly life, and be kind even as Allah has been kind to you, and seek not corruption in the earth.” [TMQ 28:77]

    The philosophy of Islamic economy dictates that all economic actions are according to the commandments of Allah (SWT), based on recognising the relationship with Allah (SWT). The idea upon which the management of the Muslims affairs in society is built, is directing the economic activities according to the divine rules (Ahkam Shari’ah), as a complete way of life (Deen). Similarly, the management of the affairs of the other (non-Muslim) citizens of the State restricts their economic activities according to the divine rules. It permits them whatever Islam has permitted, and it forbids them of whatever Islam has prohibited.

    The Supreme said:

    “And whatsoever the Messenger gives you take it, and whatsoever he forbids you abstain from it.” [TMQ 59:7]

    And He (SWT) said:

    “O mankind! There has come unto you an exhortation from your Lord, a cure for that which is in the breasts.” [TMQ 10:57]

    And He (SWT) said:

    “And let those who withstand his (the Messenger’s) order beware, lest some trial or painful punishment befall them.” [TMQ 24:63]

    And He (SWT) said:

    “And rule between them with that which Allah (SWT) revealed.” [TMQ 5:48]

    Islam secured the observance of these rules by motivating the Muslim to adhere to this economic policy through the fear of Allah (SWT) (taqwa), and the Abiding of the people, in general, to it through the legislated laws which the State implements upon the people.

    The Supreme said:

    “O you who believe! observe your duty to Allah and give up what remains (due to you) from riba, if you are (in truth) believers.” [TMQ 2:278]

    And He said:

    O you who believe! When you contract a debt for a fixed term record it in writing…” until He (SWT) says: “….save in the case when it is actual merchandise which you transfer among yourselves from hand to hand, in that case it is no sin for you if you write it not.” [TMQ 2:282]

    Islam thus explained the way in which these rules are implemented and the way in which people’s adherence to these rules is guaranteed.

    This demonstrates how the economic policy in Islam is built on satisfying the needs of every individual, as a human being who lives in a particular society, and on earning the wealth to provide that which satisfies the needs. The economic policy in Islam is also established on one idea, which is the implementation of all actions according to divine rules. It is implemented by every individual through the motivation of his fear of Allah (SWT) and applied by the State through culturing the people and through implementing laws.

    The General Economic Principles

    From analysing the divine rules related to the economy, it is evident that Islam addresses the issue of enabling people to utilise wealth. This is the Islamic view regarding the economic problem of society. When addressing the economy, it deals with the initial acquisition of wealth, its disposal and its distribution amongst the society. The rules that deal with the economy are thus based on three principles:

    1. Initial ownership,
    2. Disposal of the ownership, and
    3. Distribution of wealth amongst the people.

    With regard to the issue of ownership, it belongs to Allah (SWT), since He (SWT) is the Owner of all the Dominion (Malik al-Mulk). He (SWT) has stated in the texts that property (Mal) possessions, belong to Him. He (SWT), the Exalted said:
    “And give them from the property of Allah (SWT), which He gave to you.” [TMQ 24:33]

    Property, therefore, belongs to Allah (SWT) alone. However, He has put mankind in charge of property, provided them with it, and has given them the right of owning it. Allah, the Exalted said: “And spend from what He put you in charge of.” [TMQ 57:7]

    And He said: “And He has provided you with properties and offspring.” [TMQ 71:12]

    Clearly, when Allah (SWT) addresses the issue of the origin of property, He attributes its ownership to Himself, and says: “…the property of Allah (SWT)…” [TMQ 24:33]

    Allah (SWT) addresses the issue of transferring the property to human beings, He attributes the property to them and says: “Give them their properties.” [TMQ 4:6]

    And: “Take from their property.” [TMQ 9:103]

    And: “So for you is your principal sum.” [TMQ 2:279]

    And: “And property you possessed with hard work.” [TMQ 9:24]

    And: “And his property will do him no good.” [TMQ 92:11]

    However, the right of ownership of property that came through its deputation (Istikhlaf) is general for all humans. This is not, however, the actual ownership, it is only the right of ownership. They are deputised to in terms of the right of ownership. Actual possession for a certain individual takes place when the Islamic conditions of ownership are met, such as obtaining the permission of Allah (SWT). The actual ownership of property thus takes place when an individual obtains the Legislator’s permission to possess that property. This permission is a specific proof that the individual becomes the owner of that property. Assigning (deputising) all mankind for ownership (of property) is established by the general (’aam) evidence, and this proves the right of ownership. Assigning an individual to the actual ownership (of a certain property) is made possible by the specific permission, which the Legislator gives to the individual.

    The Legislator has stated that an individualistic type of ownership exists where each individual has the right to possess through one of the allowed means of possession. Abu Dawud narrated from the Sunnah that the Prophet (SAW) said: “Whoever surrounded a piece of land with a wall, then it becomes his.” There is also a type of public ownership by the entire Ummah. Ahmad narrated from a man from the Muhajireen that the Prophet (SAW) said: “People share in three things: Water, Graze or Pasture lands, and Fire.” There is also, in fact, State ownership. When a Muslim dies with none to inherit from him or her, then his or her property goes to the State Treasury (Bait al-Mal). Whatever is collected of kharaj or jizya, also belongs to the Treasury. Anything that goes to the State Treasury, is for the State to decide upon except for zakat. The State has the right to deal with its property as it sees fit, according to the divine rules.

    Islam has set the means through which the individual, the public and the State can possess property. Any means beyond these is forbidden.

    With regard to the disposal of the ownership, the State handles public property on behalf of the people, as it is their representative. Islam has however forbidden the State from exchanging or granting the deed or title of public property. Any disposal of public property, other than these two, are allowed and must be in accordance with the Divine Rules.

    The State’s and the individual’s properties are disposed of according to the rules pertaining to the Bait al-Mal and the rules of transactions, such as selling or pawning. Islam has allowed both the State and the individual to dispose of their properties by exchange or grant in accordance with the divine rules.

    The distribution of wealth amongst the people is carried out naturally through the means of ownership and contracts. The natural differences among people in their Abilities and in their tendencies to satisfy their needs results in variations in wealth distribution among them. This could result in the possibility of poor distribution occurring where wealth is concentrated in the hands of the few, while the rest of the people are deprived of it. The hoarding of gold and silver, which are the standards of exchange could also develop. Islam has, therefore, forbidden the circulation of wealth amongst the wealthy only. Islam, in fact, obliged that wealth be circulated amongst all the people. Islam also forbade the hoarding of gold and silver, even if a portion of the individual’s gold and silver had been given out as Zakat.

    Extract from the Introduction of the book ‘The Economic System of Islam’ by Sheikh Taqiuddin an-Nabhani

  • Q&A: Is it permissable to use Credit cards?

    The following is a draft translation from Arabic.

    Question: Is it permissable to use Credit cards?

    Answer:

    Credit cards are of different types:

    In one of its types, the card holder would have a certain amount of money in the bank that issues such card (debit card). The card holder would then make purchase by using the card such that he does not go beyond the amount of money he has in his account in the issuer bank, from participating trade shops that exist in several countries. The card holder would buy from these shops without making (direct) payments. He rather presents the card and sign bills by the value of his purchased goods/services. He then transfers the shop to receive the value of the purchased goods/services from his account in the bank that issued the card. In other words, the bank would pay to the shop the value of the purchased goods/services from the account of the purchaser that holds the card.

    This type of card (debit card) is allowed. Its reality is that it is (a bill of exchange/promissory and representation(wakala)), where the purchaser transfers the trader to the bank that issued the card, and this bank, as an agent to the purchaser would pay the price of the goods/services to the trader from the account of the purchaser in the bank. That which the bank takes from the purchaser that holds the card, as a payment of the price of the goods/services, comes under the subject of the wage of agency (wakala).

    However, what the holders of these cards do in terms of purchasing gold and silver without paying (immediately) the price, but they rather transfer the trader to the bank for receiving the price, this action is haram. This is because the immediate reciprocal possession of the gold/silver and its price is a condition for the validity of trading in gold and silver, otherwise it would be usury (riba).

    This is the case of this type if the bank that issues the cards was a private establishment concluded through a valid contract by its signatories, or it was possessed by the government. In such case this type of cards is allowed.

    The second type of cards is issued by the bank to its customers without them having an enough amount of money in their account that covers their purchased goods/services. In such a case, the card holder buys from the participating trade shops and signs papers by which the shop would receive the price from the bank that issued that card. The bank would record the amounts against the card holder in addition to some extra amounts, which the bank receives from the card holder in accordance of a plan of repayment through certain instalments. The reality of these cards is that they are guaranty (Daman) from the bank to the purchaser towards the trade shops. In other words, the bank guarantees the purchaser, while the trade shops sell to the card holder based on the guaranty of the bank. So, the bank that issues the card is the one that pays the value of the purchased goods/services. In other words, the card is a guaranty document from the bank, where the bank is (the guarantor), the purchaser that holds the card is (the guaranteed) and the trade shop is (the guaranteed for), while the value of the purchased goods/services is (the right due in the responsibility of the purchaser). However, this guaranty does not fulfil its legal conditions. This is because guaranty (Daman) in the sight of Islam is joining a responsibility to another responsibility for the sake of settling a right obliged on the second responsibility and without compensation (to the first responsibility). Thus, the guarantor pays off the right due in the responsibility of the guaranteed towards the guaranteed for without compensation (on the side of the guaranteed to the guarantor). However, the bank pays the value of the purchased goods/services in return of a financial amount. Therefore, this type of cards is not allowed legally from this angle. Moreover, the bank records the value of the purchased goods/services as debt upon the purchaser, and it receives this value with extra amount, i.e. as usury (riba). Thus, it is not allowed from this angle as well.

    17 Jumada al-Akhira 1427
    11/07/2006

  • Are you ready to die tomorrow?

    We think in detail about certain things, typically things that interest us or which we are directly facing. So football fanatics spend time in following up the latest football news, whose playing who, whose been bought and by which team, etc. People into music would know about the latest chart hits, the top ten, what new bands are on the scene and spend time thinking about this. Movie buffs would ponder about the latest movies, upcoming releases, the latest awards and the like.

    Despite expending effort in applying thought upon these trivial issues people in Western society often pay little attention to clearly a vital topic, that of death. It has even become a taboo subject to the extent that people try to change the discussion when it is mentioned.

    It is completely irrational to avoid thinking about death as it is the most definite thing in life. To turn away from it is avoiding the inevitable, know one lives forever. All of us know of people who have died whether within our families, community, friends or colleagues. The reason for why many avoid the topic is fear. Fear of the unknown and fear of leaving this life. In fact Western society pushes people into all forms of escapism, so that they attempt to escape reality by drowning themselves in music, movies, sport, and popular culture.

    All of us will face death one day, our hearts will stop, our brain activity will stop and our bodies will decompose. However as Muslims we know that death is not the end. Allah (swt) has informed us that there is life after death, that we will be accounted for every action we performed and will be either sent to Jannah (paradise) or Jahannam (Hellfire) according to our deeds.

    For a Muslim reminding oneself of death strengthens our realisation of the afterlife and commitment to Islam.

    The Messenger of Allah (saw) said, “The clever one is he who disciplined himself and worked for what is after death, and the feeble one is he who followed his desires, then made (vain) prayers to Allah”.

    No matter how ‘hard’ or ‘cool’ people think they are, one day they will die and will stand in front of Allah (swt).

    “Say: The Death from which you flee will truly overtake you: then will you be sent back to the Knower of all things secret and open: and He will tell you (the truth of) the things that you did!” [Al-Jumu’a:8].

    It will be too late to change after you have died, you cannot go back and change things and live life in a better way. There is coming back for the Salah (prayers) you have missed or to make right the wrongs you committed.

    “Until, when death comes to one of them, he says: “O my Lord! Send me back (to life), in order that I may do good in that which I have left behind!” – No! It is but a word that he speaks; and behind them is a Partition until the Day they are raised up. Then when the Trumpet is blown, there will be no more kinship among them that day, nor will they ask of one another! Then those whose scales (of good deeds) are heavy, they are the successful. And those whose scales (of good deeds) are light, they are those who lose their ownselves; in Hell will they abide” [Al-Mu’minun: 99-103],

    Thinking about death should make us correct out lives, perform our obligations and stay away from haram (prohibitions). Whilst we are alive it is not too late to change. In fact one of the pious Muslims in the past Al-Rabee’ b. Khaytham had dug a grave in his house, so that if he found hardness within his heart, he would enter it and lay down for as long as Allah wished and read: “O my Lord! Send me back (to life) in order that I may work righteousness in the things I neglected” repeating it, then he would reply to himself saying: “Oh, Rabee’, here, you have been returned, so work.”

    The Messenger of Allah (saw) said, “Increase the remembrance of that which destroys all desires” [Al Tirmidhi]

    And he (saw) said, “If animals knew what the sons of Adam knew of death, you would not have found any fat on them to eat” [Al Baihaqi in “Al Sha’ab”].

    Thinking about death should not have only a temporary affect on us, so that if someone who is close to us dies, we get ill or have a near death experience, we go to the mosque for a while and start following Islam. However some time passes the affect wears off and we are back to our old ways. On the contrary, death should be at the forefront of our minds and should affect us in a permanent way.

    The Messenger of Allah (saw) said to Abdullah b.Umar (ra), “If you awoke in the morning, do not speak to yourself of the evening, and if you reach the evening, do not speak to yourself of the morning. Take from your life for your death, and from your health for your illness, as you, oh Abdullah, do not know what your name will be tomorrow” [Bukhari].

    We shouldn’t think that by temporarily following Islam and repenting to Allah (swt) and then going back to being negligent in our duties and entering into sin, that our repentance will count.

    “Of no effect is the repentance of those who continue to do evil deeds, until death faces one of them, and he says: “Now I repent” nor of those who die while they are disbelievers. For them have we prepared a painful torment” [An-Nisa: 18].

    Pondering about death should make us prepare for it, so that we treat this life as a journey and a test not as a time to be obsessed with enjoying ourselves disregarding the limits that Allah (swt) has placed on us. Allah (swt) says:

    “And the life of this world is only a deceiving enjoyment” [al-Hadid: 20]

    Ibn ‘Umar (ra) said, “I came to the Prophet (saw), and I was the tenth of ten men, when a man from the Ansar asked: Who is the most clever and the most honourable of people, Oh Messenger of Allah? He (saw) replied: “Those who remember death the most and work the hardest to prepare for it; they are the clever ones. They have left with the honour of this world and the dignity of the Akhirah” [Ibn Majah]

    ‘Uthman bin ‘Affan (ra), in the last Khutba he gave in his life, said: “Allah (swt) gave you this world to request the Akhirah, and did not give it to you for you to rely upon, for this world ends and Akhirah is everlasting. So let not that which ends make you disregardful, nor keep you busy from that which lasts. Choose to seek that which lasts over that which ends, for this world will be cut off and our return is to Allah.” Death reminds us of Akhirah, and there is no better reminder.

    There are specific actions that the Prophet (saw) encouraged us to undertake to remind ourselves about death.

    Abi Tharr (ra) said The Messenger of Allah (saw) said: “Visit the graves, as it will be a reminder of the Akhirah, and wash the dead, as taking care of an empty body is an outstanding admonition, and pray over the Jana’iz (funerals), as it may sadden you, for the sad one is in the shade of Allah” [Ibn Abi Al Dunya and Al Haakim].

    And Ibn Abi Mulaykah said, The Messenger of Allah (saw) said: “Visit your dead and pray for peace upon them, for there is an admonition for you in it” [Ibn Abi Al Dunya – Good chain of narrators].

    And Al-Dhaahik said: A man once said: Oh, Messenger of Allah, who is the most Zaahid (abstinent) of people? He (saw) said: “He who does not forget the grave and abandoned the luxuries of life, seeking that which lasts above that which ends, not counting yesterday as one of his days, and counted himself amongst the people of the graves”. It is easy to leave the thought of death at the back of your mind and believe that you have a long life left. The angel of death leaves no one, whether young or old when their time has come.

    In fact the remembrance is not crying and wailing and blaming one’s self when one is on the brink of death, or attending a funeral or visiting graves alone. Rather, remembrance of death is when a believer imagines that he will meet his Lord at any moment, and his actions will be cut off, as will his ability for repentance. So he will be aware of himself, careful to obey Allah (swt), wary of his Lord every second of his life.

    “Say: ‘My life, my death and acts of worship are all for the Lord of the mankind (Rabil alamin)” [Al-An’am: 162]

  • The Significance of Zakah

    The word zakah is derived from its Arabic verbal root, meaning to increase, to purify, and to bless. The origin of the Islamic rule is in the Qur’an where Allah (Subhanahu wa ta’aala) commands:

    خُذْ مِنْ أَمْوَالِهِمْ صَدَقَةً تُطَهِّرُهُمْ وَتُزَكِّيهِم بِهَا

    “Take sadaqah (sadaqah) from their property in order to purify and sanctify (zakihim) them” [TMQ At-Taubah: 103]

    That is why this kind of sadaqah is called zakah, for by paying it; one is aspiring to attain blessing, purification and the cultivation of good deeds.

    Zakah is defined in the Shariah as a determined right due from certain types of wealth. It is one of the worships (‘Ibadat) and a basic element (Rukn) of Islam, like prayer, fasting and Hajj. It is only obliged upon Muslims, and is not taken from the non-Muslims.

    An obligation set by Allah (Subhanahu wa ta’aala).

    As mentioned, Allah (Subhanahu wa ta’aala) has made giving zakah one of the pillars of Islam, placing it next to Salah. The obligation of zakah is established from many evidences in the Quran and the Sunnah.

    Allah (Subhanahu wa ta’aala) also mentions that those who give the zakah, will be greatly rewarded by Him (Subhanahu wa ta’aala).

    إِنَّ الَّذِينَ آمَنُواْ وَعَمِلُواْ الصَّالِحَاتِ وَأَقَامُواْ الصَّلاَةَ وَآتَوُاْ الزَّكَاةَ لَهُمْ أَجْرُهُمْ عِندَ رَبِّهِمْ

    “Truly, those who believe, and do deeds of righteousness, and perform As-Salat, and give zakah, they will have their reward with their Lord” [TMQ Al-Baqarah: 277].

    However the neglect of giving the zakah, and hoarding the wealth from the people, has been condemned in many hadith. For example Al-Ahnaf bin Qais narrated that Abu Dhar (ra) reported that RasoolAllah (salAllahu alaihi wasallam) said,

    فقال بشر‏ ‏الكانزين‏ ‏برضف‏ ‏يحمى‏ ‏عليه في نار
    جهنم فيوضع على حلمة ثدي أحدهم حتى يخرج
    من ‏نغض ‏كتفيه ويوضع على‏ ‏نغض‏ ‏كتفيه حتى
    يخرج من حلمة ثدييه يتزلزل

    “Inform those who hoard wealth, that a stone will be heated in the hell-fire and will be put on the nipples of their breasts till it comes out from the bones of their shoulders and then put on the bones of their shoulders till it comes through the nipples of their breasts the stone will be moving and hitting.” [Sahih Bukhari Volume 2, Book 24, Number 489]

    These ayah and honourable hadith indicate the importance of paying zakah, it is something which must not be taken lightly is but something which we must be aware of and give great importance to. This is especially important as we live in a capitalist society where making money, hoarding it and spending it on oneself is encouraged. The duty of paying zakah reminds us that the wealth we have is a trust, and a responsibility for which we will all be accounted and tested.

    The intention (An-Niyah)

    Intention is a condition for zakah, this means that the person must propose in his heart the intention to pay zakah. This is what differentiates this spiritual action from any material action. Without the intention for paying zakah as a duty to Allah (Subhanahu wa ta’aala) the action will have no value in Islam. Without the niyah payment of zakah has no reward. This is because the Prophet (salAllahu alaihi wasallam) said,

    إنما الأعمال بالنية

    “Indeed, the a’maal (actions) are by the niyah (intention)…” (Agreed)

    If the believer has this in his mind while paying the zakah he would distance himself from the arrogance and pride that may come when giving it.

    As with all Ibadaat actions zakah needs to be done with pure devotion, not affected with any personal considerations or desires. This is, for example, like the throwing of the pebbles at the three Jamrahs during Hajj. No benefit is derived from the Jamrah or from the throwing of pebbles. In this case the main purpose of the Hukm (rule) is the trial of man through the action. This is in order that he may show his servitude and bondage to Allah (Subhanahu wa ta’aala) by doing these actions which have no rational meanings or benefits. Therefore real servitude to Allah (Subhanahu wa ta’aala) is revealed through the complete obedience to His (Subhanahu wa ta’aala) commandments and not through obedience for some other reason.

    Thus, when one is giving the zakah he should be doing it for no other reason than this. He should not be seeking worldly benefit for paying the zakah. He should not have the mentality that he expects something in return from the zakah he has paid.

    The Prophet (salAllahu alaihi wasallam) ordered that man proves his bondage to Allah (Subhanahu wa ta’aala) through blind obedience to His (Subhanahu wa ta’aala) commandments regardless of whether or not they are agreeable to him and irrespective of his desire and inclination to obey them.

    An Obligation upon whom? And How much to pay?

    Zakah is obliged upon the Muslim man, woman, child and insane person due to the general form of the hadith that oblige zakah without restriction. It is paid whether the Khilafah State exists or not. Amru bin Shu’aib narrated “The Prophet (salAllahu alaihi wasallam) preached to the people and said:

    اتجروا في أموال اليتامى، لا تأكلها الزكاة

    ‘Verily, whoever has charge over an orphan with wealth then let him invest it. He should not leave it to be eaten by sadaqah’.”

    This proves that zakah is due on the orphan’s money and hence should be invested so that paying zakah on it does not erode the original amount.

    The Nisab is equal to twenty gold miskals, which translates to eighty-five grams of gold. At the time of writing 18 October 2004 the approximate price of gold is £7.44 per gram. This would mean that the nisab value at this point in time for gold would be £632.40 (85 x £7.44).

    Therefore is someone possessed the nisab amount for a whole Hijri year, and did not go below it, then %2.5 needs to be paid as zakah.

    If an individual possesses more than the nisab value then zakah is payable on the whole amount including the nisab amount. The total amount should be in excess of any debts the individual has for duration of one Hijra year. So if an individual has £10,000 and debts of £4,000, then the zakah is payable on £6,000. On the other hand if the debts amount to £9,500 then no zakah is payable as the remaining money of £500 is below the nisab value.

    The amount of zakah payable is a quarter tithe 2.5 per cent. Ali bin Abi Talib (ra) was reported to have said: “One-half dinar in every twenty dinars, and one dinar (is due) in every forty dinars.”

    Therefore if someone had £10,000 after debts the zakah would amount to £250 (10000 x 0.025).

    Zakah is not only payable on gold, silver and currency but also on:
    • Livestock such as camels, cows and sheep,
    • Crops and fruits
    • Trading goods and merchandise – For example, fast food restaurants, clothes shops, car dealerships, grocery stores, which many from our community own.
    • Also revenue earned from property which is owned, like the rent from second homes or any land they may own.

    Who receives the zakah?

    Allah (Subhanahu wa ta’aala) has restricted the recipients of zakah to eight categories. This is something which the mind cannot rationalise, and we cannot use our desires to determine who gets the zakah we pay. As our intention is to worship Allah (Subhanahu wa ta’aala), we do so as He (Subhanahu wa ta’aala) has ordered us to. Zakah therefore cannot be paid to any other group other than the eight mentioned in the Quran.

    إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاء وَالْمَسَاكِينِ وَالْعَامِلِينَ
    عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَ
    وَفِي سَبِيلِ اللّهِ وَابْنِ السَّبِيلِ

    “Verily the Sadaqat are (only) for the poor, needy, those employed on it, those whose hearts are to be reconciled, slaves, debtors, those in the way of Allah and the wayfarers” [TMQ At-Taubah: 60].

    1) The Poor (Al-Fuqaraa): These are those who don’t receive enough money to suffice them to fulfil their basic needs, which are food, clothing and shelter. Whoever receives less than what he needs to fulfil his basic needs is considered poor, so sadaqah is halal for him. He may take from it and he can be given enough sadaqah to the amount that removes his need and poverty.

    2) The Paupers (Al-Masakeen): A person who does not own any thing or whose hands are tied down and can not provide for himself or his family. They are those who are lesser than the poor. The Messenger of Allah (salAllahu alaihi wasallam) said;

    ليس المسكين بهذا الطواف الذي يطوف على
    الناس فترده اللقمة واللقمتان والتمرة والتمرتان
    قالوا فما المسكين يا رسول الله قال الذي لا يجد
    غنى يغنيه ولا يفطن له فيتصدق عليه ولا يسأل
    الناس شيئا

    “The pauper is not the one who goes about the people, content with a morsel or two or a date or two. The pauper is not the one who doesn’t find any wealth to suffice him nor do people notice him so that they give him sadaqah. Nor does he stand to beg people.”

    In the UK, these two categories would include those Muslims who come to the UK, seeking asylum and they have no means whatsoever.

    3) Those employed over collecting it (Al-Amileen ‘alayha): Those people that are the sadaqah collectors or distributors. The Khaleefah alone appoints them. Ata’a b. Yassar said the Messenger of Allah (salAllahu alaihi wasallam) said:

    لا تحل الصدقة لغني إلا لخمسة لعامل عليها ولرجل
    اشتراها بماله أو غارم أو غاز في سبيل الله أو مسكين
    تصدق عليه منها فأهدى منها لغني

    “Sadaqah is not allowed for the rich except for five: The one employed to collect it, a man who buys it with his wealth, a man who was given a sadaqah and he donated it to his neighbour, the fighter or the debtor.”

    4) Those whose hearts are to be reconciled (Al-muallafatu qulubuhum): These are certain types of leaders, chiefs, influential people or heroes whose beliefs are not yet settled, where the Khilafah or his governors see it fit to give them from the zakah as reconciliation for their hearts, settling their beliefs, utilising them for the benefit of Islam and Muslims or to influence their communities.

    5) Slaves (Ar-riqah): There are no slaves today.

    6) Debtors (Al-Gharimeen): Payments of these debts may include money paid to resolve disputes between people or blood monies. The debt should however be of halal nature. This precludes debts such as mortgages or anything which is linked to interest. If the debt is affordable, and has no problem paying it back, then in this case, zakah, is not given to them.

    However those people who are owed the debt, they will need to pay the zakah on the wealth, when it is returned to them, including the years they missed paying zakah on it. So for example if they were owed £10,000 and they received it after five Hijri years, they would owe zakah on the amount for the five years they did not have it.

    7) In the way of Allah (Fi Sabeelillah): This means spending to facilitate and enhance jihad. Whenever ‘Fi Sabeelillah’ is mentioned in the Quran, it means nothing other than jihad.

    8) The Wayfarer (Ibn us-Sabeel): The traveller whose journey has been disrupted by the lack of money, which does not enable him to reach his destination.

    If as Muslims we understand the Hikmah (wisdom) behind the payment of zakah, we will see it is completely opposite to the prevalent views of the capitalist societies. However the payment of zakah will help ensure that our identity as Muslims remains secure as we will earn our wealth by the means that the Shariah has allowed and not by any means available. It will ensure that the zakah is paid without any dubious intentions but purely for the sake of Allah (Subhanahu wa ta’aala) seeking nothing in return and curtailing inclinations of greed and stinginess.

    Source: Khilafah Magazine