Weak Ahadith are to be Rejected April 10, 2012
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Authubillaahi min ash-Shaytaani rajeem
Bismillaahi ar-Rahmaan ar-Raheem, as-Salaatu was-Salaam ‘ala Rasulullaah
Allah aza wa jal says [al-Hijr]
إِنَّا نَحْنُ نَزَّلْنَا الذِّكْرَ وَإِنَّا لَهُ لَحَافِظُونَ
“Indeed, it is We who sent down the Dhikr and surely, We will safeguard it.”
The general misconception people believe Dhikr here is exclusively referring to the Quran. However, there is no proof for this restriction and it is not what Allah aza wa jal says. The Dhikr is anything that Allah aza wa jal revealed to Rasulullah (s). This means not only the Quran is safeguarded by Allah aza wa jal, also the verbal and practical actions of the Prophet Muhammad (s). Allah aza wa jal says about His Messenger (s) [an-Najm]
مَا ضَلَّ صَاحِبُكُمْ وَمَا غَوَىٰ
وَمَا يَنطِقُ عَنِ الْهَوَىٰ
إِنْ هُوَ إِلَّا وَحْيٌ يُوحَ
عَلَّمَهُ شَدِيدُ الْقُوَىٰ
ذُو مِرَّةٍ فَاسْتَوَىٰ
“Your companion has not strayed, nor has he erred, Nor does he speak from desire. It is only an Inspiration that is revealed. Taught to him by one intense in strength. One (Jibreel) free from any defect in body and mind, and he rose to true form”
Whatever the Prophet (s) spoke about the Deen and practiced from it, all has been preserved and safeguarded by Allah aza wa jal as it is from His promise to safeguard the Dhikr, revealed through Jibreel (a). Therefore, anything that has not been proven to be Sahih from the Ahadith (pl. for hadith), it is to be rejected and cannot be considered knowledge of Deen. Allah aza wa jal says [al-Jathiya]
هَٰذَا بَصَائِرُ لِلنَّاسِ وَهُدًى وَرَحْمَةٌ لِّقَوْمٍ يُوقِنُونَ
“This is a clear insight for mankind and guidance and mercy for a people who are certain”
Either we are certain Rasulullah (s) said it, or we are not. There is no ‘guess’ or ‘maybe’ when it comes to the Deen. We should never attribute things to Allah aza wa jal that are doubtful. Allah aza wa jal throughout the Quran warns us about following doubt.
So, certainty is established once the Hadith is proven to be Sahih. And if any weakness is found, certainty has been cancelled and it is Haraam to attribute it to Allah aza wa jal and His Messenger (s). Allah aza wa jal says about things that are forbidden for us [al-'A'raf]
وَأَن تَقُولُوا عَلَى اللَّهِ مَا لَا تَعْلَمُونَ
“…And saying about Allah that you do not know”
One of the major crimes of the disbelievers is ascribing things to Allah aza wa jal that He aza wa jal did not reveal.
How can someone say a Hadith that has not proven to be true, be considered part of revelation or be used for good actions? Allah aza wa jal has not hidden the truth from us, rather, He aza wa jal has sent it down and clarified it, as He aza wa jal says [Ibraheem]
وَمَا أَرْسَلْنَا مِن رَّسُولٍ إِلَّا بِلِسَانِ قَوْمِهِ لِيُبَيِّنَ لَهُ
“We have sent no Messenger save with the tongue of his people, that he might make all clear to them”
For this reason, rejecting weak Ahadith is part of the Deen, Alhumdulillah…
Obligation of Taking the Ayaat and Ahadeeth on their Apparent Meaning (ظاهر) March 16, 2012
Posted by Admin in al-Imaan, Arabic, Methodology, Morals & Manners, Usool ul Quraan.add a comment
Authubillaahi min ash-Shaytaani rajeem
Bismillaahi ar-Rahmaan ar-Raheem, as-Salaatu was-Salaam ‘ala Rasulullaah
It is not permitted for anyone to change the meaning of a verse from its apparent sense (ظاهر), or to change the meaning of a report from its apparent sense, because Allaah the Exalted says,
بِلِسَانٍ عَرَبِيٍّ مُّبِي
“In a clear, Arabic tongue” [ash-Shu’ara: 195]
He, may He be exalted, said, blaming a people,
يُحَرِّفُونَ الْكَلِمَ عَن مَّوَاضِعِهِ
“They change words from their meanings” [al-Ma’ida: 13]
Whoever changes the meaning of a text from its apparent meaning in the language without proof from another text or a consensus, claims that there is no clarification in the text. He has perverted the meaning of Exalted Allaah’s speech and His revelation to His Prophet (s) and this is a terrible deed. Even if he were innocent of these great sins, he would be making an unproven claim.
It is not permissible for anyone to pervert any person’s speech. How can it be with the speech of Allaah, may He be exalted, and the speech of His Messenger (s) which is prophecy from Allaah, may He be exalted. Whoever uses the opinion of a scholar to stir up controversy about this, the opinion of someone other than the Messenger of Allaah (s) is not proof. We have made it clear that whoever among them stirs up controversy, they, among all of Exalted Allaah’s creation, most frequently abandon the opinions of the Companions, may Allaah be pleased with them, let alone others, while the companions of apparent (أصحاب الظاهر), among the people of tradition (أهل الحديث), may Allaah be pleased with them, are those more assiduous in following and agreeing with the Companions, may Allaah be pleased with them. We have made this clear, point by point, in our book entitled, “Reaching Understanding of the Characteristics.”
Praise Allaah, Lord of the worlds.
It is obligatory to avoid altering the meaning of a text from its apparent sense without another authentic text that reports that it is not intended apparently. Concerning this matter, let us follow Exalted Allaah’s statement and the statement of His Messenger (s) as he (s) clarified [Allaah’s] statement, may He be exalted,
لَمْ يَلْبِسُوا إِيمَانَهُم بِظُلْمٍ
“And have not mixed their faith with evildoing” [al-An’am: 82]
By which, Exalted Allaah meant Kufr. As [Allaah,] the all-powerful, the sublime, said,
إِنَّ الشِّرْكَ لَظُلْمٌ عَظِيمٌ
“Indeed, joining others in worship (with Allaah) is the greatest Zulm” [Luqman: 13]
Or unless there be a certain consensus, such as the consensus of the community that His saying, may He be exalted,
يوصيكم الله في أولادكم للذكر مثل حظ الأنثيين
“Allaah commands you, concerning your children, to the male the like of the portion of two females” [an-Nisa’: 11]
did not refer to slaves, nor to the sons of daughters when there is a universal heir (‘asib) — and there are many such similar cases. Or due to necessity that prevents one from interpreting that apparently, such as His saying, may He be exalted,
الذين قال لهم الناس إن الناس قد جمعوا لكم فاخشوهم
“Those to whom the people said, ‘The people have gathered against you, therefore fear them’” [Aali-Imran: 173]
With the certainty that come from intuition and experience, we know that not all of the people said,
إن الناس قد جمعوا
“The people have gathered against you” [Aali-Imran: 173]
The proof of what we have said, that words should be interpreted in their apparent sense, is Exalted Allaah’s saying in the Qur’an,
بلسان عربي مبين
“In a pure, Arabic tongue” [ash-Shu’ara: 195]
And His saying, may He be exalted,
وما أرسلنا من رسول إلا بلسان قومه ليبين لهم
“We have sent no Messenger save with the tongue of his people, that he might make all clear to them” [Ibrahim: 4]
So it is true that explanation according to us is simply to interpret the words of the Qur’an and Sunna according to the apparent meaning and in accordance with the meaning for which those words were coined. Whoever wishes to shift the meaning from [their apparent meaning] to an allegorical interpretation without a supporting text or a consensus slanders Allaah the Exalted and His Messenger (s), contradicts the Qur’an, makes unsupported claims, and perverts words from their meanings.
Also, it should be said to whosoever wishes to change the meaning of speech from its apparent sense without any proof: this is what causes skepticism and the denial of the existence of truth, because whenever you or anyone else says anything, it could be said to you, this is not meant apparently. Rather, you mean something else. Every time you reaffirm your meaning, it would be said to you, this too is not meant apparently. And you will never be rid of those who say to you, perhaps the denial of the apparent meaning is not intended apparently. And so on, as you can see.
And success comes from Allaah.
Source: al-Nubdha al-Kafiya fi Usul Ahkam al-Deen of Imaam ibn Hazm (r)
Usool of the Mu’minoon Summarised in One Verse July 2, 2011
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Bismillaah, as-salaatu was-salaam ‘ala rasoolullaah
Allaah has already provided us the tools of following the Deen properly and deriving rulings from the Quraan. While describing the Mu’minoon in Surah al-Baqarah, Allaah says:
وَقَالُوا سَمِعْنَا وَأَطَعْنَا
“…And they say, “We hear and we obey…”
This part of the verse is sufficient enough evidence for a believer to follow Islaam successfully. It is the Usool ul-Fiqh of the Mu’minoon:
* Whatever Allaah has commanded us to do, “we hear and we obey”
* Whatever Allaah has forbidden upon us, “we hear and we obey”
* Whatever Allaah has kept silent upon, it is permissible
In al-Saheehayn, it is collected from Abu Hurayrah ‘Abd ur-Rahmaan bin Sakhr that Rasoolullaah said:
مَا نَهَيْتُكُمْ عَنْهُ فَاجْتَنِبُوهُ، وَمَا أَمَرْتُكُمْ بِهِ فَأْتُوا مِنْهُ مَا اسْتَطَعْتُمْ، فَإِنَّمَا أَهْلَكَ الَّذِينَ مِنْ قَبْلِكُمْ كَثْرَةُ مَسَائِلِهِمْ وَاخْتِلاَفُهُمْ عَلَى أَنْبِيَائِهِمْ
“Avoid that which I forbid you to do and do that which I command you to do to the best of your capacity. Indeed, the people before you were destroyed only because of their excessive questioning and their disagreement with their Prophets”
Islaam is as easy as that, pure and simple!
Alhumdulillaah
First 24 Hours Under the Islamic State October 25, 2009
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Introduction
Framework of the State
The Foreign Department
The War Department
The Department of Internal Security
The Department of Industry
The Department of Finance (Bait al-Maal)
The Department of Agriculture
The Jurisdiction Department
The Department of Education and Culture
The Department of Information
The Health Department
The Department of Citizenship and Passports
The Department of Local Authorities
The Department of Customs and Foreign Trade
The Department of Post and Transport
The Department of Energy
Introduction
Announcing the establishment of the Khilafah state means a complete transformation of the state and abolition of corruption. The Khilafah state has a pyramidical framework with the Khaleefah as its head, and where all various departments, administrations and councils originate from. All this is derived according to his understanding of the Book of Allah (SWT) and the Sunnah of His Messenger (SAW). We hear nowadays the industrialised countries boasting about the welfare they provide their citizens with, by endeavouring to secure the general public services, such as water, electricity, roads, telecommunications and by making basic food, transport and health care widely available. In Islam the Khilafah state is held responsible for securing the safety of each individual and making medical care and education available to everyone. The Khilafah state would not only match what the industrialised countries provide to their citizens, instead, it would excel them; it would respect every individual and value him; it would also preserve and safeguard his religion, his property and his honour. The state would aim at satisfying the needs of every individual realistically. All this is part of the laws and rules brought by wahy (revelation).
Before designing the pyramidical framework, here are the outlines:
1. The administration is based on decentralisation.
2. The existing corruption in all governments’ departments should be abolished, like employees with no real jobs, incompetent managers, the mixing of male and female employees which hampers serving the community and engages employees in mal practices. Complicated systems should also be abolished for they serve no purpose and never help achieve anything.
3. Employees wages should be increased to make them refrain from thinking about taking bribes or stealing.
4. The state should abolish all fiscal fees and rates, water and sewage rates, school fees, import and export licences and fees, council rates, ground rent, road tax and fiscal stamps. According to shari‘ah, these services are the duty of the state; the state in Islam is a guardian and not a collection of fees and rates. One of its main functions is to secure the essential needs of all its subjects and to enable each individual to acquire his luxuries according to his ability.
5. Speed in dealing with various transactions is required. To deliver a passport, for instance, should not take longer than writing the name and the relevant information. This requires the opening of several branches in various villages and towns to speed up this process. A judge should be appointed in every village or suburb according to population density and he should aim at settling each dispute in one session. The people’s affairs would be dealt with in turn and as quickly as possible.
6. The person who holds the Islamic citizenship must be respected and honoured. Seating should be provided at all government departments, people should not be left queuing under the burning sun or in the rain and wind, the elderly and women should be dealt with first and human values that shari‘ah encourages should be taken into consideration.
7. Employees, administrators and departments officials should be recruited according to the rules laid down by the shari‘ah. It is narrated by Al-Hakim in his Sahih that the Messenger of Allah (SAW) said: “If a man is given authority over Muslims’ affairs and he appointed a man in a position while another is more worthy than him, he would betray Allah, His Messenger and the believers.” Ibn Taymiyya said on the same topic: “If a man in authority appointed another not on merit, but because of a family tie, or an old friendship, or because he comes from the same town, or because he is from the same creed, or holds the same views, or because he belongs to the same race, like Arab, Persian, Turkish or Roman, or because he accepted a bribe or any other reasons, or because he holds a grudge against the man who is best suited for the job, or because an enmity exists between them, he would betray Allah, His Messenger and the believers, and he would commit an act that Allah (SWT) has forbidden, for He (SWT) says: “And let not the hatred of others make you swerve to wrong and depart from justice” [EMQ Surah al-Maida 5:8]
As for the ruling system, it is centralised. It is a system of unity, not a united system. The state in Islam is one single institution which is the Khilafah. The Khaleefah is the sole body responsible and in control of all government departments, offices and administrations which serve the citizens. All the existing institutions should be abolished, especially those who supposedly serve the citizens, like the ministries syndicate and charity organisations. The Khaleefah would take charge of serving the Ummah and he alone would have the mandatory power to establish the pyramidical framework of the state according to Islam.
This framework would be as follows:
The present ruling system should be abolished, whether it were royal or republican. Ministries, Houses of Parliament and local authorities should also be abolished. All syndicates, trade unions, charity organisation and political parties based on other than Islam should be abolished. The former political ruling system should be uprooted. All embassies should be closed down and all their staff should be deported. It is preferable to acquire copies of all documents and files found in embassies in order to help divulging the conspiracies of the West and the collaboration of the former system, and to help take the necessary precautionary steps in future. The Khaleefah and his executive team would replace the secular system, he will establish the following systems:
1. The Khaleefah will appoint the necessary ministers with the general power of attorney. These ministers will have the same mandatory duties as the Khaleefah, without specialising in one portfolio. They are in fact deputies of the Khaleefah with the mandate to advise in all matters.
2. The Khaleefah will appoint all the amirs of wilayas and all the governors and all other officials with special tasks.
3. The Khaleefah will appoint the supreme judge (attorney general) and the madhalim (head of the complaints tribunal), as well as the directors of various departments, the ambassadors the army commander, the kharaj (land tax) assessor, zakat collector and all other secretaries of public sectors.
4. The Khaleefah, in the capacity of Amir of Jihad will set up four departments and will appoint four secretaries to be in charge of these departments, they are the Foreign Department, War Department, the Department of Internal Security and the Department of Industry (see later).
5. The Khaleefah appoints the executive ministers in order to transmit all what is issued by the Khaleefah to the directors of various departments at home and abroad, and to report back to the Khaleefah all business undertaken by the directors.
6. It will be suggested that the Khaleefah establishes a council named ‘The Supreme Council of Da‘wa’. This council will have at its head the Khaleefah and will include the directors of foreign affairs, armed forces, internal security, industrial department and some of the Khaleefah personal advisers in political and military matters, in addition to the director of finance or treasury and the director of education and culture. The duties of the council will be to design plans and methods of spreading the Islamic message world-wide. The council will meet annually and whenever necessary to review its policies, this will help the Khaleefah plan the state’s policies and review them from time to time, whether in military matters or industrial, foreign policy or home affairs. The opinion of the council will not be binding on the Khaleefah.
7. As for the Shura Council or the council of the Ummah, it will be preferable to defer its establishment until the old political system is altered and until an Islamic political atmosphere is created, and until such time when the Ummah acquires an Islamic understanding and tendency (taste), so that only the ones who are faithful to Allah, His Messenger and the Ummah can be elected. The Khaleefah will also begin expanding the constitution to include solutions for all existing problems. He will assign the task of enacting the laws directly from the noble Qur’an and the Sunnah to a group of scholars, if possible, then he will table his laws to the supreme council of da‘wa for debate and revision before he adopts them. He will also put outlines and details on various penal codes, evidences, trade laws, rental laws and all transactions.
:: The Foreign Department ::
This department will replace the ministry of foreign affairs in the democratic system. Its function will be to deal with all affairs and relations between the Khilafah state and foreign countries. The Khaleefah will appoint a director-general for this department, who will be called the Secretary of the Foreign Department, or the Director of the Foreign Department. All the existing officials in the present ministry of Foreign affairs will be removed from their posts, for they represent a political system alien to Islam, and will be replaced by devoted dedicated, faithful and knowledgeable politicians. All documents and treaties signed by the former ministry will be studied in order to divulge all the treasons and traitors, they should be published as well so that the Ummah realise that the Khilafah State is faithful to its task and duty and thus support it, and so that contempt against all other Arab regimes increases, because such documents and files will show the true nature of their relationship with the colonial unbelievers.
::The War Department
This department will replace the ministry of defence. Its task will be to oversee all matters concerning the armed forces like the army, police academies, military offices and training in all warfare techniques and weaponry and military planning. Muslims in the past called it Deewan ul-Jund (soldiers office). The Khaleefah will appoint at the head of this department a director-general, or a president or a commander. The Khaleefah will also appoint the brigadiers of various regiments, they will be faithful and devoted, unlike the former ones who spent all their time guarding the unbelieving regime by protecting and defending it. The former brigadiers will be made useful for training and for sharing their experience provided they do not hold positions of responsibility.
The army will be reshuffled and a new system will be introduced. The army will be divided and assigned to various tasks. These divisions will be called the first army, the second army, the third army etc. The first army, for instance, will defend the border – morabit army. The second, third, and fourth armies would constitute the territorial and marine forces, the fifth, sixth and seventh armies will be the air force and the army responsible of the air defence systems and equipments. The eighth army will be in charge of military engineering, it will be spread among other army divisions and will remain under the command of the brigadier general of the eighth army. It will remain however administratively supervised by the department where it is stationed. The nineth army would be assigned to the protection of strategic sites like the Khaleefah’s residence, government offices, broadcasting stations, seaports and airports. New military academies and new training centres will be established and all physical and sports training of western style will be abandoned to be replace by military training in the use of arms and warfare techniques. The level of training will be upgraded and improved, to be offensive as well as defensive. Weapons should be made available which would suit the nation of Jihad, a nation aiming at making the banner of ‘There is no God but Allah, and Muhammad is the Messenger of Allah’ fly all over the world. The War Department will also train the reservists who include all the Muslim males that have reached the age of 15 and over. The armed forces will receive an Islamic and political education and culture beside the military training. The training and education will have to be intense and fast so that the state can properly defend its land and air space.
::The Department of Internal Security
Its duty is to supervise all security matters; it includes intelligence services, emergency services and military intelligence. The present security service will be scrapped, for its word involves spying against the Ummah and this is forbidden for Allah (SWT) says: “And do not spy on each other” [EMQ Surah al-Hujurat 49:12 ]
This department will be formed of three units independent of each other and headed by the director-general of the department.
The first Unit will collect information about the enemies, which is known as military intelligence. This unit will be forbidden from spying against any members of the army, for the words of Allah (SWT) “do not spy” is general in its meaning.
Evidence about the permissibility of spying against the enemy is represented in the Messenger of Allah’s (SAW) initiative when he sent Abdullah ibn Jahsh in an expedition to spy on Quraish in the heart of Makkah.
The second unit will monitor the activities of foreign residents of the Islamic State, and the same evidence applies here; spying against the enemies is allowed whether they were in our country or in theirs.
The third unit will be the police. Its duty is to keep law and order, prevent thefts, and be on patrol at night. The police will be divided into several squads. One of these squads will have an executive role, they will work with the government officials such as the collectors of various levies, with the judges, governors and heads of suburbs. It is forbidden to arrest any citizen for questioning except by the police, this is to prevent giving the same mandatory powers to several authorities as is the case in the Arab countries today, where the police, gendarmes, army, emergency services and others have all the powers to arrest and question ordinary citizens. This will not be allowed in the Khilafah state; only the police will have the power to do so and with an official warrant.
Another police squad will be in charge of traffic, road safety and civil defense. They will also supervise people travelling on public transport.
A police squad will be assigned to perform a night watch, it will be equipped with the latest equipments of cameras, mobile radios and vehicles to hunt down burglars.
There will be co-ordination between the overseas intelligence unit, the home intelligence unit and the police unit. It will be preferable if they had high and equal salaries to prevent any corruption and misconduct, and to discourage the individuals within the three units from competing with each other over salaries and to make them concentrate on their jobs. The various grades will be therefore linked to the duties and not the salaries. The two intelligence services will have to work with the utmost secrecy, they will not have special uniforms, they will be allowed to buy information and gather intelligence in countries at war with the state by any legal means. Information will not be obtained by using women, drugs, alcohol etc. However, it will be allowed to buy such information from people who happen to go to such places if necessary. New techniques and methods in acquiring information about the enemy military and political moves will have to be adopted.
::The Department of Industry
This department will undertake all matters related to industry, whether it were heavy industry like machine manufacturing engines and electronics or light industry or arms industry. The Khaleefah will appoint a director-general to be in charge of this department. It will replace the ministry of industry in the Capitalist system. The ministry has no say in the course which industry takes but it is left to the individuals to decide on what machines to import, like consumer goods machinery from abroad for biscuits and plastic goods manufacture. The various sections of the old ministry will all be abolished and a new team of experts will be brought in to lead the country to an industrial course where machine manufacturing and war industry will be the main priority. Devotion and competence will be the basis on which the team will be chosen, and the state will decide on the industrial policies and not the individuals, although individuals and companies will be allowed to operate.
It is necessary to concentrate from the very begining on the manufacturing of machines and industrial plants in order to manufacture military equipment and machines to extract mineral, as well as chemical and nuclear plants. The State should also open centres for space research because a country cannot become a superpower unless it had a space programme for security and scientific purposes. The state will never accept the fairy tale of gradual industrialisation. It is a colonial concept aiming at keeping our country underdeveloped and dependent.
To back the policy of concentrating on heavy industry, we can refer to the industrial revolution launched in Europe. The U.S. used to be a French, British and Spanish colony, but this was soon changed after the industrial revolution and she became the world leader. Russia also was ruled at the turn of the century by the Tsars. And when Lenin was told that tractors should be bought from Europe to improve agricultural methods in his country he replied: “We shall not be using tractors until we manufacture them in our country.” Russia now is considered the world leader in many areas like astronomy and building of submarines. These are all practical experiences which we too can benefit from in our unique bid to industrialise our country.
::The Department of Finance (Bait al-Maal)
The Khaleefah will appoint a director-general of finance with an appropriate headquarter known as Bait al-Maal. He will be in charge of financing the army and government officials, as well as compensating the people in authority who are kept away from their business, and the Islamic message campaigns abroad and the ambassadors. The department will collect funds necessary to launch machine manufacturing and arms technology programmes. It will at first rely on the funds available to the treasury of the former government and on the confiscated riba (interest) from banks and public companies. It will also rely on profits made by companies and institutions that cannot be privately owned like oil companies, cement and other mining companies, it will also rely on the confiscated funds of former rulers and of insurance companies, public properties or habous (unavailable properties and estates). Taxes will be imposed on the wealthy if necessary, these will be taken from Muslim citizens and not the dhimmis (Christians, Jews and other non-Muslims living in the Islamic State). A special unit will be set up to issue gold and silver coins and bank notes. Gold will be bought from the world markets with hard currency available in the country. The gold will be deposited in the state’s treasury and its equivalent value will be issued in notes and coins. Old bank notes and coins will not be devalued, but will be exchanged with the new notes which replace gold and silver reserves, so that the Khilafah state currency does not get minted and used for other purposes because it belongs to the Ummah and the State. And since the strength of the state depends on its economy, it will not be allowed for the treasury to be completely emptied like it was the case in the times of Imam Ali and other Righteous Khaleefahs. Money shall always be provided according to the treasury regular incomes.
A unit of this department will manage the awkaf assets, ranging from estates and buildings etc. Some existing units of the ministry of finance will be abolished such as pensions and social security and the huge number of employees will be reduced especially those working in the central bank.
Another unit will be set up which will represent the bank of the finanncial department, or the State’s bank. No other bank will be allowed to operate; the bank will lend money to people according to the shari‘ah rules. Its aim will be to encourage foreign trade and imports. The budget will be set up according to the shari‘ah rules.
The Department of Agriculture
The Khaleefah will appoint a director-general for this department which will replace the ministry of agriculture in the democratic system today. The work of this department will be to launch an agricultural revolution according to the available means, which will aim at improving elementary produce, industrial agriculture and exports. This will be by enhancing and improving farming techniques, using modern technology, and by expanding the farming lands in order to be ready in the face of possible economic embargo by the colonial powers. The department will survey the farming lands and allot the state’s lands to farmers. It will also confiscate the lands which are left barren by their owners for three consecutive years according to the shari‘ah. It will also assist farmers unable to buy fertilisers or seeds, by offering them grants, loans and technical advice. Some farming land should be allocated to industrial farming, like cotton, silk, linen, and hemp.
A special unit will be set up to deal with waters, this will involve working out a strategy to provide irrigation for farming, drinking water and energy generating. This unit will also aim at expanding the areas of irrigated land, and deal with potential problems emanating from dams and waterways and rivers. Another unit will deal with animal farming sites that aim at achieving self sufficiency in fish, lamb, beef, poultry and other animal produce.
The transforming of the present ministry will be first by changing its name to the Department of Agriculture, and by studying all information available to the former ministry. Advantage should be taken from past experiences, plans and surveys; agricultural experts’ suggestions and recommendations will be closely studied. Woodlands will be transformed into fruit trees like olives, pine trees, pistachio trees etc. A research centre will be set up according to funds available, and no machines will be imported for this purpose lest the efforts of the state deviate from concentrating on heavy industry. It is believed that what is actually available in terms of machines is sufficient for starting. It will be also suggested to the Department to coordinate with the Institute of Agriculture so that studies become more practical rather than academical.
::The Jurisdiction Department
The Khaleefah will abolish the ministry of justice with all its various units. Courts of appeal and court of cessation, county and magistrates will all be abolished. The Khaleefah will establish instead the Department of Jurisdiction with its three units:
- The Court of Madhalim (complaints),
- The Judges
- The Judges of Hisba (public order judges)
A president of this department will be appointed by the Khaleefah and will be known as the Supreme Judge (or attorney general/Judge of Judges). He will be in charge of appointing judges. This process should be speedy and should take effect immediately. A fiqh book would be adopted at the begining by which disputes between people will be settled like the book of Al Sorkhosi entitled Al-Mabsut which belongs to the Hanafi school of thought, or like the book of Ibn Qudama entitled Al-Mughni, which belongs to the Hanbali school, this will be until such time when a constitution is laid down for the judges to be used as a guide-line in settling disputes. The present judges will be laid off, so would the lawyers, for they rule by the laws that do not have Islam as origin. No justice or piety are to be found in those laws, and besides they do not possess the fiqh with which they have to rule between the people.
Since the judges verdict in Islam is not open for criticism or review, therefore, appeal courts, courts of cessation and high courts will all be abolished. Positions will be allocated with immediate effect and special intensified courses will be held for those who show the aptitude for such position. The following initiatives will be taken in consideration:
A. Judges will have to be posted at every village and suburb so that people will not have to travel to settle their disputes.
B. Disputes will have to be settled quickly so that people’s affairs are not stalled. Cases will have to be settled in over sessions
except in special circumstances on which the divulging of truth may depend.
C. The media have to report only from the courts proceedings. They are not allowed to express any particular position towards any case presented to the court.
D. Appointing as many judges of hisba as possible and spreading them all over the Muslim household, for people in present times have got used to a life of unbelief, sinfulness, corruption and cheating. They have become used to violating the state’s laws, because they are convinced that the state was sucking their blood and rule them by kufr laws. Once people mature and straighten up, the judges of hisba will be reduced, for by then people will base their actions according to the Islamic laws by themselves.
:: The Department of Education and Culture
The Khaleefah will appoint a director-general for this department which will replace the ministry of education and the arts ministry in the democratic system. The director will immediately set out to prepare new curicula for the compulsory education and for the universities. Teaching will not commence until such curicula are introduced. Meanwhile, all students will undergo military training in order to form an army of reservists. The department will launch a cultural revolution engulfing the whole Ummah, and all the facilities of advertising will be put at its disposition by the Department of Information.
An Islamic culture will be adopted from various books of fiqh and from books of Islamic political parties that worked towards establishing the Khilafah and have a political programme and a vision of how the system should operate. All books will be published and distributed among the Ummah. The culture will be taught in the mosques and by holding conferences debates, speeches, or simply by individual reading, in addition to all types of media such as magazines, newspapers, radio and television. A special course of action will be adopted in order to develop the distinct Islamic personality.
The department will pay a great deal of effort and attention to orientated education i.e. it will work towards educating future graduates whom the country will need most, such as doctors, civil engineers, industrialists, electricians, computer engineers, explosive experts. The orientation policy will also include astronomy, physics, and chemistry etc. The department will phase out subjects that are of no essential value to the Ummah such as modern languages, painting, sports, law, banking, and hotel and catering etc. Other specialised studies that the Ummah does not need such as philosophy, psychology, and sociology will all be abolished. Instead the department will devote efforts at opening public laboratories and libraries in every school, college and high street. All existing schools and universities will remain open and they will be increased by turning the present buildings which serve little purpose and which will be confiscated from the present governments. The education authority at present will be diminished and the huge army of employees will be greatly reduced. The same mandatory powers given to general department will be given to regional centres, this will be in accordance with the policy of decentralised administration.
The department will appoint the head teachers who in turn will be left with the task of contracting teachers. The curicula will be designed with the aim of reducing the school terms and cycles. The department will take charge of the mosques, and the ministry of awqaf will be abolished. The mosques will take up the teaching of basics of fiqh, usool, tafseer, ahadith, sira and other shari‘ah branches.
Only the curicula approved by the state will be allowed to be adopted in state and public schools. Special prizes will be given for every publication and invention. The state will buy and publish whatever it deems beneficial. The department will coordinate with the department of industry especially in industrial sciences like civil engineering, electrical engineering etc. The Department of Industry will be responsible for all physical sciences. The faculties of medicine and pharmaceutical research will work closely with the department of health.
:: The Department of Information
A director-general will be appointed by the Khaleefah to run this department. Television, radio, media, and video companies will be merged, and publishing houses and the board of censorship will be under the departments control. All films, videotapes and cassettes considered to be corrupt and immoral will be confiscated, so will all pornographic material. Books, magazines and newspapers that spread Communist and Capitalist concepts will all be confiscated, so would any literature to do with rotten concepts like secularism, democracy and socialism.
All media publications will be devoted to the da‘wa, and to developing the Islamic personality and society thriving with Islam.
The department will follow a general policy based on the promotion and the teaching of the Islamic Aqeeda to everyone, listeners, viewers and readers, home and abroad. The department will play an active role in launching a campaign towards all neighbouring Muslim countries to prepare them for the reunification, and against all other existing ways of life and social trends, in order to demonstrate their rottenness and highlight the greatness of the Islamic concepts. Therefore, a close coordination is needed between this department and the Foreign Department and it will also coordinate with the Department of Education and Culture in order to promote and launch the cultural revolution at the early days of the Khilafah State.
::The Health Department
The Khaleefah will appoint a director in charge of this department, it will replace the ministry of health. All units that serve little purpose will be abolished. The department will devote its efforts to treating the people and inventing medicine. It will encourage scientists to carry out research to find cures for various diseases. The department will spare all doctors the administrative work and will aim at making all medical equipment available to them. Following the policy of orientation, sufficient number of doctors will be posted all over the country. Their salaries will be substantially increased in order not to let them resort to private medical profesion like is the case nowadays. Doctors nowadays do not even show enthusiasm towards their profession because of the overload they have to deal with and the huge number of patients each doctor has to treat. All this will be sorted out in the Khilafah State.
Doctors will be posted in all villages and suburbs in order to relieve pressure off cities and towns and to provide villagers with easy access to medical services. All necessary equipment will be provided to doctors in villages and cities equally. Medical laboratories and X-ray equipment will be made available in all suburbs. The department will supervise doctors’ work until mismanagement and malpractices are eradicated, and to make sure that patients get proper treatment. Government hospitals will be increased, so will the number of resident doctors. Medical shelters will also be built to treat the injured and war casualties in times of Jihad. The Islamic culture will be implanted among the medical staff in order to revive their dedication. Humanitarian concepts will also be focused among doctors. The department will encourage doctors and researchers by offering prizes and bonuses. It will also coordinate with the faculties of medicine and pharmacy in order to increase practical experience among future graduates, so that their studies become more realistic and practical rather than merely academical. A prevention policy will be pursued by the department in order to protect people against fatal diseases by promoting awareness among them.
This department will also be in charge of social security, which will include looking after the elderly, needy and handicapped.
:: Department of Citizenship and Passports
The Khaleefah will appoint a director-general for this department. All existing departments and registry offices will be merged. The director will preferably have the administrative experience. All employees with honorary titles and positions will be
removed and corruption and bureaucracy will be abolished. The duty of this department will be restricted to issuing citizenship certificates, identity cards and passports, such documents will be printed in the country. Citizenship certificates will be permanent. Passports will only be issued for people travelling abroad. Issuing a passport should not take longer than the time it takes to write the relevant particulars. Offices will be opened at airports and border posts to facilitate procedures. Passports will be issued promptly to those holding citizenship certificates. Identity cards will be issued permanently unless widespread fraud takes place – this rarely happens in the Khilafah State.
The department will be in charge of surveys and census. A special unit will be in charge of looking after non-Muslim affairs.
:: Department of Local Authorities
The Khaleefah will appoint a director-general for this department which will replace the ministry in charge of local authorities or town halls. The town halls will be given the same mandatory powers as the central administration. The town halls will carry out similar duties to those existing today, however corruption will be abolished. The department will coordinate with departments of telecommunications and transport, energy and agriculture in order to provide town halls with vital services such as telephone lines, water mains, sewerage, electric cables and road surfacing. Road surfacing will be according to international standards.
The department will be in charge of surveying buildings, taking into consideration adequate separation between neighbours and from the streets. It will be compulsory for every building to have a shelter, to protect civilians at times of Jihad, and a car park. Free public parking should also be available.
The department will be in charge of providing heating and electricity, roads streets and alleys will all be lit, this will be achieved in coordination with the Department of Energy. The department will be in charge of the burial of people who have no relatives, and will be in charge of cemeteries and their maintenance.
The department will be in charge of keeping the streets and public places tidy at all times, of collecting refuse from residential areas and factories. Public parks will be open and fruit trees will be planted, together with flowers and plants, in parks and on street borders; this will take place with coordination with the department of agriculture.
Town halls will no longer be in charge of health and safety matters in restaurants and factories, or in other commercial outlets, this will be assigned to the department of health. The town halls will no longer be in charge of control of market places and illegal dealings on parking offences etc. This will be left to the judge of hisba, for he will be in charge of punishing those who breach the law. The town halls are public service institutions and not a judiciary institution.
The Department of Customs and Trade
The Khaleefah will appoint a director-general for customs and foreign trade, it will replace the present customs and mukus (tax department). Control will be at border check points. The department will ban export of strategic material vital to the Ummah. It will however not ban any merchandise owned by a citizen of the Islamic State.
The department will work independently and it will aim at generating hard currency for use in foreign trade. Exports to countries with no hard currency will be discouraged. Trade balance will not be taken into consideration, the main aim will be to put as much hard currency as possible into the treasury coffers, and not to export any strategic goods and equipments. The department will deal with foreign traders according to their citizenships and not according to the origin of the goods.
If for instance a citizen of the Khilafah State bought goods from a Canadian trader, the goods will be allowed to enter the country even if they were made in the U.S. or the U.K., for the goods belong to the Canadian trader, and Canada for instance is not in a state of potential war with Muslims according to shari‘ah law.
The department will coordinate with the department of finance, for the revenues of mukus (tax/levy) and ushr belong to the State treasury. All restrictions and embargoes on foreign trade will be abolished, trade relations will be conducted according to treaties and contracts the department of foreign affairs will sign with the other countries. Foreign traders will be subjected to the same taxes and levies imposed on the citizens of the Khilafah State. This will be subject to the agreements signed between the foreign affairs department and other countries.
The department will therefore coordinate with both the foreign department and the department of finance.
::The Department of Post and Transport
The Khaleefah will appoint a director-general for this department. He should be very experienced and devoted. This department will replace the ministry of transport and communications. Its duties will remain as they are. Corruption and rotten practices will be abolished, like the mixing between men and women. Complicated routines will be abolished. The department will coordinate with the department of local authorities to provide an efficient service. Lines installations and connections fees will be abolished and so will all fiscal stamps.
::The Department of Energy
The Khaleefah will appoint a director for this department which will ensure providing the necessary energy to the whole country ranging from coal, oil, electricity etc.
The department will be in charge of connecting electricity to every household and road and factory. Gas will also be connected wherever possible. Cables will preferably be underground, for the Muslim household is a household of Jihad, so contingency measures shall always be considered.
A special policy will be undertaken by the Khaleefah when pricing energy services. Any surplus will be given back to individuals in the form of subsidies, and the rest will be put in the state’s treasury.
Energy is like water, safety and education. They are essential needs which should be provided by the state to every individual. The department will concentrate on generating energy from its various sources, waterways, wind, steam, sun and others to supply factories and encourage industry.
Finally, these were the outlines of the ruling systems’ framework and of the state’s various departments in the Islamic State. There are undoubtedly similarities between these departments and their opposites in the Capitalist system. However, the main difference is that the Islamic State looks after every single individual of the Ummah if he cannot look after himself, whereas the state in the Capitalist system makes the necessities available within society without necessarily enabling or helping the individual to have access to such necessities. That is why there are many deprived and needy people.
Other ministries and institutions will be abolished such as the ministry of tourism, the ministry of sports, arts, etc. These activities will be practiced in schools and colleges in accordance with the needs of the Ummah. No such ministries need to be established and no such clubs need to be founded. Besides, sport has become a colonial ploy to divert people’s attention from the mischiefs and rottenness of the Capitalist and Socialist systems, and to divert the sons of the Ummah from their doctrine, political and military matters. Sport, without the purpose of training for Jihad, is time wasting and damaging to youngsters moral, especially womens’ sports. However, individuals will not be prevented from practising any activity or hobbies in the area of mubah (permissible) . All beauty contests and modelling agencies, art galleries, musical halls and dance halls or any activity prohibited by shari‘ah will be abolished. Even the mubah activities which lead to corrupt morals will be abolished. The judges of hisba will be in charge of these matters. They pass judgement on the spot and without court hearings. The executive police will carry out punishment on the spot as well according to the judges of hisba sentencing.
Muslim youths should realise that sport and training has a nobler objective in Islam. It is Jihad in the way of Allah and the protection of Muslim land. Even tourism has a nobler objective, it is also Jihad in the way of Allah. Here follows the evidence from our Messenger Muhammad (SAW).
A man came to the Messenger of Allah (SAW) and asked him: “Would you allow me to go sightseeing O Messenger of Allah? He (SAW) replied: ‘The tourism for my Ummah is Jihad in the way of Allah’ .” The Messenger of Allah (SAW) said: “Teach your children shooting, swimming and horse riding.” Muslim reported on the authority of Okba ibn Amer that the Messenger of Allah (SAW) said: “He is not of us he who learns shooting then neglects it.”
Finally, we leave you here with a tentative view of the outlines of the practical steps which help changing the present framework and departments and institutions. We ask Allah (SWT) to make this work an encouraging step to all those working to establish the Khilafah. The intention will always be to please Allah (SWT).
Ascertaining the most accurate wording of the hadeeth of ‘Ubaidah bin As-Samit “…unless you see public Kufr for which you have evidence from Allaah” March 16, 2009
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Ascertaining the most accurate wording of the hadeeth of ‘Ubaidah bin As-Samit “…unless you see public Kufr for which you have evidence from Allaah”
It is reported in the al-Jaami’ as-Saheeh al-Bukhaari,
Told us Isma’eel, told us Ibn Wahb, from ‘Amr, from Bukayr, from Busrun Ibn Sa’eed, from Junada Ibn Abi Umayah who said, “We entered upon ‘Ubaidah bin As-Samit while he was sick. We said, “May Allaah make you healthy. Will you tell us a hadeeth you heard from the Messenger and by which Allaah may make you benefit us?” He said, “The Messenger called us and we gave him the Pledge of allegiance for Islaam, and among the conditions on which he took the Pledge from us, was that we were to listen and obey (the orders) both at the time when we were active and at the time when we were tired, and at our difficult time and at our ease and to be obedient to the ruler and give him his right even if he did not give us our right, and not to fight against him unless we noticed him having Kufr Bowwah (open disbelief) for which we would have a proof with us from Allaah“.
This hadeeth is stronger than the two previous ones we have discussed and is mentioned in both Saheeh Muslim and Saheeh al-Bukhaari and the whole Ummah has accepted it. We know of no one who has ever disputed its authenticity in any way.
In other places in Saheeh al-Bukhaari, instead of “unless you see public Kufr for which you have evidence from Allaah” the following wordings are used “unless he commands you with a disobedience to Allaah publically” or the wording “unless he orders you with sin publically” or the wording “unless he orders you with a public sin for which you have evidence from the book”. All these narrations have similar authentic isnads and are authorities in and of themselves.
The hadeeth is also found in Saheeh Muslim with the isnaad: told us Ahmad ibn Abdul Rahman ibn wahb ibn Muslim, from his uncle Abdullaah ibn Wahb, from ‘Amr ibn Al-Harith, from Bukayr, until its end.
It is mentioned in the Musnad Abu ‘Awanah (ch1: p4: 408): with the isnaad: Abu ‘Ubaidah Ahmad ibn Abdul Rahman, from his uncle, from ‘Amr, from Bukayr, until its end.
It is also mentioned in the As-Sunnah al Kubra of Imaam Al-Bayhaqi, with the isnaad, Abu Tahir Al-Faqih, told us Abu Bakr Muhammad ibn Ibrahim ibn Al-Fadl Al-Fahim, told us Muhammad ibn yahya, from Naeem ibn Hamd, from ibn Wahb, from ‘Amr ibn Al-Harith, from Bukayr, until its end.
It is also mentioned in the Fath al Bari with the isnaad from Al-Ismaili who heard it through Uthman ibn Salih, who heard it from ibn Wahb, who heard it from ‘Amr who heard it from Bukayr, who heard it from Bashir ibn saeed, who heard it from Jun?da Ibn Abi Umayah.
It is also narrated in the Musnad Ahmad through another channel from Sufyan, from Yahya, from ‘Ubaidah ibn Al-Waleed ibn ‘Ubaidah bin As-Samit, who heard it from his grandfather ‘Ubaaidah, one of the seven who gave the bayah at Mina, who said “We gave the Pledge of allegiance to prophet Muhammad to listen and obey (the orders) both at the time when we were active and at the time when we were tired, and at our difficult time and at our ease and not to fight the rulers and to say the truth wherever we are without fearing anybody” Sufyan said that some people added the phrase “unless you see public Kufr” into this narration and we say that this shows Sufyan was aware of this addition but maybe he had not heard it from a channel that satisfied him, whereas we know that there are other channels, including those which are contained in Saheeh Muslim and Bukhaari which establish the addition without doubt.
This is the famous hadeeth of kufr buwah and it is related only to the appearance of public kufr in the public sphere, independent of the ruler being kafir or not as that is not relevant here and independent of whether he has any excuse such as ignorance or otherwise as this will have implications for the person of the ruler, in the hereafter or in front of a Shariah court but it does not have an impact on whether we can see kufr buwah publically. If it exists then the hadeeth clearly gives you the authority to rebel, including by the sword if necessary to change the kufr buwah.
There is another hadith that has come via the Saheeh of Ibn Hibban also on the authority of Junada Ibn Abi Umayah.who said that he heard ‘Ubaidah bin As-Samit saying that the Messenger of Allaah addressed him, saying “Oh ‘Ubaidah” and he said “Yes!” Then the Messenger of Allaah said ” listen and obey, both in ease and in hardship, and at times when you dislike it, and at times when others are preferred over you, even when they take your money and beat your back unless it is a disobedience to Allaah publically” (meaning he commands you with a disobedience publically). Shaikh Shuhaib Al-Arnaut says that this isnaad is Hasan and we say that he has lowered it from what it should be, which is Hasan Saheeh and it should be taken as an authority in of itself.
It is mentioned in the Musnad Ahmad even better Isnaad then the one contained in the Saheeh of Ibn Hibban that says:
Told us Al-Waleed ibn Muslim, told us Al-Awzai, From Omair ibn Hani, who heard from Junaada Ibn Abi Umayah, from ‘Ubaaidah bin As-Samit who said that the Messenger of Allaah said,
”Listen and obey, both in ease and in hardship, and when you are active and at the time when you are tired, and at times when others are preferred over you, and don’t dispute the affairs even when you feel you are more worthy of leadership than them”
Then Imam Ahmad said Told us Al-Waleed ibn Muslim, told us Saeed Ibn Abdul Aziz, from Hayan ibn Abi Al-Nadr, from Junada Ibn Abi Umayah, narrating the same hadeeth from ‘Ubaidah bin As-Samit.
Then Imam Ahmad said: told us Al-Waleed, told us Ibn Thawban (probably Abdul Rahman ibn Thabit ibn Thawban), told us Omair ibn Hani, told us Junada Ibn Abi Umayah, told us ‘Ubaidah bin As-Samit who said that the Messenger of Allaah said the same hadeeth but added:
“unless he commands you with a sin publically”
The first two isnaads are Saheeh hadiths which are authorities of themselves and the last one with the addition “unless he commands you with a sin publically” is hasan of itself but is raised to Saheeh because of the other witnessing ahadeeth in Saheeh Muslim and Saheeh al-Bukhaari and the Saheeh of Ibn Hibban. So it is Hasan Saheeh.
There is another interesting hadeeth in the Musnad Al-Shamiyeen of Imam Tabarani with an important addition.
Told us Muhammad ibn Abi Zurha Al Dimishqi, told us Hisham ibn Amar, told us Ibn Dahaym, from his father (Dahaym), from Al-Waleed ibn Muslim, told us Thawban, from Omair ibn Hani, from Junada Ibn Abi Umayah, from ‘Ubaidah bin As-Samit who said that the Messenger of Allaah said the hadeeth ”Listen and obey, both in ease and in hardship, and when you are active and at the time when you are tired, and at times when others are preferred over you, and don’t dispute the affairs even when you feel you are more worthy of leadership than them”
Omair then narrated that Hudayr or Kudayr Al-Salami said that he heard from ‘Ubaidah bin As-Samit the same above hadeeth with the addition ”Unless they command you with a sin publically, for which you have an evidence from the book (Qur’aan)” then Hudayr or Kudayr Al-Salami said “what if he commands me with a sin publically and I obey him, what will happen to me?” ‘Ubaidah bin As-Samit then said “then you will be taken by your hands and legs and thrown into the Hellfire and let him come and save you then!”
This isnaad is very good, including the addition because Hudayr or Kudayr Al-Salami is one of the thiqah narrators of the Saheeh of Ibn Hibban. Although not very famous, he is known to narrate from ‘Ubaidah bin As-Samit and Kab Al-Ahbar and Imam Bukhaari has written a short biography of him where he has named him as Hudayr, not Kudayr. This hadeeth is very importance in that it indicates that obeying the rulers in their haraam rulings will enter the doer into hellfire.
A Study of the Ahadeeth related to Disputing with the Rulers (Munaabidtha al-Hukaam) March 15, 2009
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A Study of the ahadeeth related to Munaabidtha al-Hukaam (disputing with the Rulers)
There is no need in this brief study to examine the authenticity of the Isnaads and discuss the reliability and trustworthiness of the narrators of the three famous ahadeeth of Umm Salamah “No, as long as they pray”, Auf Ibn Maalik “As long as they establish call for prayer amongst you”, and ‘Ubaaidah bin As-Samit “…unless you see public Kufr for which you have evidence from Allaah” as they have been established beyond doubt in the collections of saheeh ahadeeth, in the books of Sunan as well as the Masanid collections and can be found everywhere amongst them. The whole ummah has taken these ahadeeth as saheeh and no muhadith of any calibre has ever rejected them. What remains is tahreer, which is to find what the most accurate wording of these ahadeeth is and to discuss some necessary conclusions in relation to their meaning.
Ascertaining the most accurate wording of the hadeeth of Umm Salamah “No, as long as they pray”
It is reported in the Sunan of Abu Dawood;
Told us Sulaymaan Abu Dawood, told us Hammad Ibn Zayd, from Hishaam, from Hasan (al Basri), from Adubbat Ibn Muh’sin, from ‘Umm Salamah the wife of the Messenger of Allaah saAllaahu alayhi wa salam, she (r.a) said the Messenger of Allaah saAllaahu alayhi wa salam said “There will be above you Imaams, some things (from them) you will accept and other things you will reject; whoever rejects with his tongue will be innocent, and whoever hates with his heart he will at least have escaped, but whoever follows and accepts!” It was said, “Should we not fight them?” The Messenger of Allaah saAllaahu alayhi wa salam said, “No, as long as they pray”.[1]
We say this is the most balanced of the various Riwayaat of this narration, both in transmission and in wording.
Some narrators have reversed the wording of the hadeeth in their minds so they say that whoever rejects with the tongue is safe from punishment and whoever hates the munkar with his heart is innocent. However, this is definitely wrong as rejecting with the tongue is a higher level then hating with the heart and being innocent is higher than being safe from the punishment because you could have been guilty, but still escape punishment because Allaah (swt) has forgiven you.
Whilst the one who is innocent has no sin and the issue of being safe from the punishment of Allaah (swt) is not relevant to him whatsoever.
The rejecting with the tongue is at a higher level and must be associated with being innocent and divorced from the sin whilst the hating with the heart should be associated with being safe from the punishment. So, although you didn’t reject the munkar with the tongue at least you hated it with your heart. However, the one who is pleased with the munkar of what the rulers do and follows them, then it separates him from being either safe or innocent. The sahabah around the prophet understood the gravity of the sin and without hesitation asked “Should we not fight them?” and the Messenger of Allaah saAllaahu alayhi wa salam replied, “No, as long as they pray”.
It is amazing that Imam Al-Bayhaqi narrates this hadeeth from the channel of Abu Dawud and you would assume that it would be the same wording but he mixes the hadeeth up and only mentions the part of the hadeeth of hating with the heart. He also states that the one who hates with the heart is innocent whereas the full hadeeth mentions only that he would have escaped punishment. Nevertheless, the dhikr is protected and the full narration is preserved in the books of ahadeeth and is established beyond doubt.
Some narrators do not use the words ‘with his tongue’ or ‘with his heart’ but what we have chosen is what must be understood by necessity because hating is something that happens in the heart. You cannot hate with the tongue. Rejecting or condemning munkar happens with the tongue and is at a higher level because the existence of hating with the heart is a necessary condition to condemn the munkar with the tongue. Otherwise condemning the munkar with the tongue whilst not hating it in your heart would be an act of hypocrisy. True sincere rejection and condemnation of munkar cannot happen with the tongue unless you first hate the munkar in your heart.
It is also not possible that both are in the heart. Otherwise, the hadeeth does not make sense. Why would the Messenger of Allaah saAllaahu alayhi wa salam say condemn with the heart and also hate the munkar in your heart when we know that condemning munkar is better than just hating it in your heart. It would have mentioned just one of them and we know that the Messenger of Allaah saAllaahu alayhi wa salam is the most eloquent and has been given the comprehensiveness in his speech. Whenever Inkar is mentioned alongside KARAHIYYAH then rejection must be with the tongue whilst hatred must be with the heart.
It has been said by some that the two wordings of “with his tongue” and “from the heart” are from Al-Hasan Al-Basri and not from the Messenger of Allaah saAllaahu alayhi wa salam. Some narrators claim that Al-Hasan Al-Basri said ‘’with his heart’ in both of them as a tafseer and that it is not contained in the hadeeth. The one who said this is most likely Qatadah. However, what is most correct and a proof that the two wordings weren’t added by Al-Hasan Al-Basri is that which is found in al-Bayhaqi’s Shu’ab al-Imaan[2] where it is narrated through another channel from Al-Hasan Al-Basri that he said “whoever rejects with his tongue will be innocent, but the time of that happening has gone and whoever hates with his heart his time has come.” So he is saying that his time is so bad that no one is condemning the munkar with their tongues anymore and instead they are only hating it in their hearts. The two statements “but the time of that happening has gone” and “his time has come” are the additional comments of Al-Hasan Al-Basri. From this statement, we can prove that the wordings of “with his tongue” and “from the heart” are in the original hadeeth and the one who claims they are from Al-Hasan Al-Basri is mistaken.
The wording “Should we not fight them?” has been narrated in most of the chains of narrations. In a couple of narrations the wording has been “Should we not kill them?” however they are singular chains of narration which when compared with other chains indicate that the narrator has made a mistake with his narration. In addition, the context of the hadeeth is that it is not discussing establishing a hadd (punishment) for the rulers, but whether they should be removed from power or not. So the sahabah asking, “Should we not fight them?” means should we not fight them to remove them from power not whether they should be killed or not. In one of the Isnaads the phrase narrated is “shouldn’t we fight the evil ones amongst them”“Should we not fight them?” and this has the same meaning as as you would only fight those whose deeds are rejected.
Most of the strong narrations contain the phrase “No, as long as they pray” and in some narrations it says “No, as long as they pray the obligatory prayers” which is a further clarification.
This hadeeth establishes that if they pray regularly then it is a barrier to rebelling against them and this is different from the hadeeth of Auf Ibn Maalik, which talks about establishing salah in the society. So if they do not establish salah in the society, then according to the hadeeth of Auf Ibn Maalik, rebellion against them is permissible and even if they do establish the salah in society, if they themselves do not pray then that it is also permissible to rebel against them according to the hadeeth of Umm Salamah. This shows the importance of salah both at an individual level and at a societal level. We will discuss the meaning of the hadeeth of Auf Ibn Maalik in the next section.
The hadeeth of Umm Salamah is a Saheeh hadeeth narrated through a number of channels in Saheeh Muslim as well as a number of channels in the Musnad Ahmad, some of which are even stronger then the channels in Saheeh Muslim. It is also to be found in the Musnad of Abu Dawud At-Tayalisi (d 201/818) and in the Musnad of Abu Ya’la. Shaikh Husayn Salim Asad who wrote a commentary on the Musnad of Abu Ya’la declared the isnaad to be saheeh and he is one of the best modern commentators on the Musnad of Abu Ya’la and his judgments can be relied upon to be correct. It is also narrated in the Al-Mu’jam al-Kabeer of Imam Tabarani in many channels most of which are saheeh and is also narrated in the Musannaf of Ibn Abi Shaibah, in the Musnad of ibn Ruhwanah, in the Musnad of Ishaq ibn Rahwaih and in the Tamheed of Ibn Abdul ‘Barr (Volume 24, p 312 onwards) as well as many other works of the imams of Islaam.
In the Al-Mu’jam al-Kabeer of Imam Tabarani there is a witness to some of what has been narrated in the hadeeth of Umm Salamah in a hadeeth from Abdullah ibn Abbas (RA), Imam Tabarani narrates:
Told us Muhammad ibn Uthman ibn Abu Shaybah, From his father (Uthman ibn Abu Shaybah), from Yahya ibn abu Baqir, from Al-Hayyaj ibn Bustam, from Layth, from Tawoos, From ibn Abbas who said the Messenger of Allaah saAllaahu alayhi wa salam said “There will be umara (leaders) over you, who you will know and will reject, whoever rejects and fights them will escape and be saved, whoever abstains from them (but doesn’t fight them) is safe, however whoever mixes with them will perish” however this hadeeth is not strong because Al-Hayyaj ibn Bustam is weak and his son Khalid, narrated very weak hadeeth from him. Also Al-Hayyaj ibn Bustam narrates from Layth ibn abu Sulaym whose memory in later life deteriorated although it was good earlier on in his life and it not clear in this hadeeth when Al-Hayyaj ibn Bustam is taking from him so the isnaad is weak.[3]
The hadeeth of Umm Salamah is definite in its meaning, that it is permissible to fight, including using the sword if necessary, with the intention and purpose of removing the ruler who does not pray. Leaving one obligatory prayer is enough to make him liable to be removed. The Messenger of Allaah saAllaahu alayhi wa salam prohibited the listener from fighting the ruler on the condition “as long as they pray” and this condition would be violated if they leave any of the obligatory prayers clearly and intentionally.
The wording of the Messenger of Allaah saAllaahu alayhi wa salam “as long as they pray” indicates a continuous action because he did not say, “Unless they leave salah” like in other hadeeths like “What is between imaan and kufr is leaving salah” or “salah is the pillar of the deen, whoever leaves it has committed kufr” All the ahadeeth which talk of leaving the salah, have come as As-salaah (The salah) which means leaving salah permanently, not just leaving one salah. But the hadeeth of Umm Salamah does not talk of leaving the salah permanently, it has a different wording, that of “as long as they pray” meaning that they must continuously offer the obligatory prayers. The moment they leave one salah then it becomes permissible to remove a ruler, even with the sword if necessary.
On a side point, this refutes those who claim that it is only permissible to remove a ruler once he has been declared a kafir, as leaving one salah is not agreed upon by all scholars to be enough to declare a person to be outside the millah of Islaam.
The phrase “as long as they pray” could also have a metaphorical meaning. In Arabic As-salah can mean the individual prayer or it can mean the deen as a whole. The metaphorical meaning would therefore be that as long as they remain committed to the deen in their private affairs and implement Islaam upon the society, showing they are committed to the deen in the public affairs as well, then they cannot be removed.
However, if they commit kufr or apostasy in their personal affairs but they implement Islaam in the public affairs the hadeeth would still apply upon them. In fact the one who has committed apostasy his salah is invalid and he can be considered to have left the salah completely and cannot be called ‘Musalli’ who are referred to in the hadeeth of the Messenger of Allaah saAllaahu alayhi wa salam where he said “I have been prohibited from killing the musallin’[4] meaning the Mu’min who prays.
If he establishes kufr in the public affairs then it is even worse than if he commits kufr himself as it shows he is not continuously committed to the deen in the public affairs. This is worse in the sense, that his function as a leader is to manage the affairs of the society and not applying the Shari’ah would have wider implications than his individual actions, so a fortiori he should be removed, and this is where the hadeeth of ‘Ubaaidah bin As-Samit applies.
To clarify one final point, from the wording of the hadeeth it can be deduced that fighting the ruler is permissible, the evidences to show whether it is desirable or an obligation come from other ahadeeth not from this hadeeth itself.
FOOTNOTES:
[1] Sunan Abu Dawud, (no.4760)
[2] al-Bayhaqi, Shu’ab al-Imaan (Volume 6, p.62)
[3] Abdullaah Ibn ‘Abbas said that Allaah’s Messenger (sallallaahu ‘alayhi wa sallam) said, “There shall be rulers whom you will recognize from them good and evil. Whoever opposes them is saved. Whoever abandons them is freed. And whoever intermingles with them is destroyed.” (Collected by Ibn Abi Shaibah and at-Tabarani).
[4] Sunan Abu-Dawud, Book 41, Number 4910: Narrated Abu Hurairah: A mukhannath who had dyed his hands and feet with henna was brought to the Prophet sallallaahu ‘alayhi wa salam. He asked: What is the matter with this man? He was told: Ya Rasoolullaah! He affects women’s get-up. So he ordered regarding him and he was banished to an-Naqi’. The people said: Rasoolullaah! should we not kill him? He said: I have been prohibited from killing people who pray. Abu Usamah said: Naqi’ is a region near Medina and not a Baqi (in other words not referring to Jannat al-Baqi cemetery. Indicating they were not punished.
Identifying Government Scholars and Clarifying Their Purpose and Ruling March 11, 2009
Posted by Admin in al-Imaan, Current Affairs, Fiqh, Methodology, Rebuttals.add a comment
Government scholars are the body established by the rulers containing the top scholars of the country, made and sponsored by him, to justify the following:
1. His authority over the country and its people, even though he legislates against what Allaah has revealed, which is a clear kufr, under the Islamic Shari’ah. This nullifies his position as a leader of Muslims.
2. Cloaking him with qualities and titles, which deceive the Muslims and hinder them from fulfilling their obligations to Allaah to keep the Sharia intact.
3. Calling those who challenge his authority after he commits such crimes as khawaarij and disobedient to the amir of the Muslims, i.e. him.
4. Then they approve the killing and torture of those righteous Muslims who demand adherence to Allaah’s Law, whom they deceitfully defined as Khawaarij.
5. Although they might match Islamic Law most of the time, in the particulars, their main function is to screen the leader from being harmed, challenged or ultimately removed.
Ruling Regarding These Types of Individuals
These government scholars are the greatest harm to Islaam and Muslims. This is with the stipulation that any such body of scholars in any country shouldn’t be judged for the label they carry, rather for their actions, i.e. their stance for Islaam and Muslims. Let us refer to what Allaah and His Rasool have said about them…
Collected by Imaam Ahmad in his Musnad and also reported in Saheeh at-Targheeb wat-Tarheeb hadeeth #2241, that Abu Hurayrah narrated Rasoolullaah sallallaahu alayhi wasalam said, “Whoever approaches the ruler’s gates becomes afflicted. Whenever a slave draws closer to the ruler, he only gains distance from Allaah.”
Collected by Ahmad, al-Bazzaar, and Ibn Hibbaan, also recorded in Saheeh at-Targheeb wat-Tarheeb, hadeeth #2243 stating Jaabir Ibn ‘Abdullaah narrated that Rasoolullaah sallallaahu alayhi wasalam said to Ka’b Ibn ‘Ujrah, “O Ka’b Ibn ‘Ujrah, I seek Allaah’s protection for you from the leadership of fools. There shall be rulers, whoever enters upon them, then aids them in their oppression and validates their lies, then he is not from me nor I from him, and he shall not be admitted to the Hawd. Whoever does not enter upon them, and does not aid them in their oppression, nor validates their lies, then he is from me and I from him, and he shall be admitted to the Hawd.”
Recorded in Musnad Ahmad hadeeth # 20335 that Abu Dhar said, “I was in the presence of the Prophet one day and I heard him saying, ‘There is something more I fear for my Ummah than the Dajjaal.’ It was then that I became afraid, so I said, ‘O Rasoolullaah! Which thing is it that you fear for your Ummah more than the Dajjaal?’ He [the Prophet] said, ‘Misguided and astray scholars.’
It is related by Shidaad ibn Aws that the Prophet sAllaahu alayhi wasalam said, “Truly, I do not fear anything for my Ummah except astray scholars. Thus when the sword is raised against my Ummah, it will not be lifted until the Day of Judgment.” [Musnad of Ahmad, ahadeeth # 16493, 21360, 31359, 20334 and ad-Daarimi, ahadeeth # 211 and 216 and all of these collections are classed as authentic.]
Imaam Abu Abdullaah al-Qurtubi stated in ‘Jaami’ ul Ahkaam ul Fiqhiyyah’ Vol. 2, Pg. 227: “The ‘Ulama have said, ‘One who is an Imaam for an oppressive ruler, prayer is not to be made behind him unless he reveals his excuse or reason why (he is an Imaam for the oppressive ruler) or he repents from it.”
Imaam ibn Taymiya stated in ‘Majmua’ al-Fataawa‘ Vol. 20, Pg 200:
“The person who is obeyed in disobedience of Allaah or the person who is obeyed in following other than the guidance of the religion of truth; in either case, if what he orders mankind is in opposition to Allaah’s orders, then he is a Taghoot. For this reason, we call the people who rule by other than what Allaah revealed, a ‘Taghoot’.”
And he (ibn Taymiya) said in Majmu’a Fataawa vol 35. Page 373:
“Whenever the ‘aalim follows the hukm of the ruler, and leaves off his knowledge, in contradiction to the book of Allaah and the Sunnah of His Messenger, he is a kaafir (an unbeliever) and a murtadd (an apostate), who deserves to be punished in this life and the hereafter. This rule can also be applied with regard to the group of scholars who jumped and joined the Mongols due to fear of them and that they wanted to take benefit from them. These scholars made the excuse that some of the Mongols were speaking the Shahaada and that they were Muslims. Allaah has said,
‘Alif Laam Mim Saad. A Book sent down to you, so do not have any worry in your breast from it, so that you may warn and be a reminder to the believers. Follow what has been sent down to you from your Lord and do not follow protectors and helpers besides Him. Little is it that you remember!’ [Surat al-A'raaf, ayaat 1-3]
“And even if this ‘aalim is captured, put behind bars and tortured to leave what Allaah has taught him from His Book, he should be patient with that. If he leaves all that and follows the ruler, then he is one of the people that are supposed to be doomed by Allaah Ta’ala. He should be patient even if he is harmed in the cause of Allaah Ta’ala. This is the Sunnah that Allaah Ta’ala has wanted and accepted from the Prophets and from the people who follow the Prophets. Allaah says,
‘Alif Laam Mim. Do people think that they will be left alone because they say, ‘We believe,’ and will not be tested? And We indeed tested those who were before them. Allaah will certainly make it known those who are true and will certainly make it known those who are liars. And He will make it known who the liars are.’ [Surat al-'Ankabut, ayaat 1-3]
COMMENT: Replace the Mongols and the scholars of the past with our current regimes and scholars that rule over Muslim lands (Saudi Arabia, Pakistan, Egypt, Syria, Algeria etc.). Particularly the blind Muftis (both literal and figurative) that rule(d) Arabian Peninsula.
Imaam ibn Hazm on Taqlid March 11, 2009
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Imaam Abu Muhammad ibn Hazm wrote in ‘al-Muhalla bil ‘Athaar’ vol. 1:
“Issue: It is not permissible for anyone to make taqlid of any other person, dead or alive. Everyone must exercise ijtihad according to his ability. So the one who asks about his religion, he only intends to know what Allaah had obligated upon him in this religion. So it is obligatory upon him, (even) if he is the most ignorant of all creation, to ask the most knowledgeable scholar in his locality, the most knowledgeable in terms of the religion that the Prophet sAllaahu alayhi wa salam brought. If he is told about this scholar, he should ask him, and then when he gives him a verdict, he should ask him “Is this what Allah and His Prophet sAllaahu alayhi wa salam said?”. If he says yes, he should accept it and act upon it always. But if he (the scholar) says “This is my personal opinion or analogy i drew upon or that this is the saying of so-and-so and names a Companion or a Follower or a Faqih, old or new or remains silent or scolds him or says I don’t know”, then he should not take his verdict, but ask someone else.
The evidence for this is the saying of Allaah “Obey Allaah and His Messenger and the Ulu al-Amr among you”, so Allaah did not tell us to obey specific scholars, so he who makes taqlid of some scholar or a group of scholars, then he neither obeys Allaah nor his Messenger sAllaahu alayhi wa salam nor the Ulu al-Amr. So if he does not do that (ask other scholar), he has disobeyed Allaah, because Allaah never Commanded to obey some scholars to the exclusion of other scholars.”
“If it is said (in defense of taqlid) that Allaah Said “..so ask the people of the Reminder if you do not know.” (al-Anbiya 21:7) and that “of every troop of them, a party only should go forth, that they (who are left behind) may get instructions in religion, and that they may warn their people when they return to them, so that they may beware (of evil).” (at-Tawbah 9:122)”
Then we say: Yes indeed, but Allaah did not Command that we should accept the (baseless) opinions of the party who were instructed in Islamic religion (9:122) because they have understanding of Allaah’s religion and neither that the people of Remembrance (21:7) should be obeyed obeyed in their opinions or legislation they carve out that Allaah Did not Command (excuse his sharp tongue). Allaah only Commanded that the Ahli Dhikr (21:7) should be asked about the Dhikr they know of that has come to them from Allaah only, not about what so-and-so, whom we are not ordered to hear and obey, said. Similarly Allaah only Commanded that the warning of the party who were instructed in religion (9:122) , because of their understanding of Deen, should be accepted in matters they understood from Allaah’s religion that was brought by the Prophet sallallaho’alaihiwasallm, not in the religion that was not Legislated by Allaah.
So he who claims that it is waajib for the layman to make taqlid of the mufti, then he has claimed falsehood, and uttered something of which is not proven by anything in the Quraan, Hadith, Ijma’ or Qiyas. So something which is like that is void, since it is a saying without evidence. In fact the evidence points to its invalidity, as Allaah condemned those who will say : “Our Lord! Verily, we obeyed our chiefs and our great ones, and they misled us from the (Right) Way.” (al-Ahzab 33:67).”
So, Ijtihaad means to try one’s utmost to seek Allaah’s religion that he made obligatory on all His slaves. Anyone one with sound senses knows instinctively and naturally that a Muslim cannot be a Muslim except that he affirms that Allaah his his Deity and none is to be worshipped except Him and that Muhammad sAllaahu alayhi wa salam is the one He sent with His religion to eveyone. So if there is no doubt in that, then whoever on earth is faced with a new religious issue actually asks about Allaah’s Commandment in that matter. So if there is no doubt in that, then it is obligatory upon him to ask when he hears the (verdict of the) mufti : “Is this Allaah and His Messenger’s Commandment?” This is what anyone who knows about Islaam is capable of doing , even ( if he is totally ignorant). And Allaah is the Source to do good…”
In ‘al-Ihkaam fi Usool ul Ahkaam’ Imaam ibn Hazm writes:
“The taqlid that we oppose them in is “To accept the saying of a person other than the Prophet sAllaahu alayhi wa salam, whom Allaah did not Command us to obey, such that there is no evidence to support that saying of his, except that (this person uses as ‘evidence’ that ) so-and-so said this…”
“If it is said: what should a layman do in case of a new religious issue?
The answer is: We already explained that Allaah forbade taqlid completely, without differentiating the scholar from the layman… and Ijtihaad in seeking Allaah and His Prophet sAllaahu alayhi wa salam’s command in all that regards a person’s religion is an obligation on every one too, upon the learned scholar and the layman without any distinction…but they differ in the way they perform their Ijtihaad, as a person is only obligated to do what he can do within his abilities, as Allaah said: “Allaah does not burden anyone except up to his capacity” and “Fear Allaah as much as you can”, and fearing Allaah (taqwah) means to act upon what Allaah Requires him to from the religion , and Allaah does not require us to do anything from the religion except that which we are able to do.. Hence what we are not able to do becomes inapplicable to us. So this is clear evidence that no one is required to search for what the religion’s commandment, except what he is able to. So every person has his share of Ijtihaad”
“So the layman’s Ijtihaad is that when he asks a scholar about religious issues and the scholar gives him a verdict, then he should ask that scholar: ‘Is this how Allaah and His Messenger ruled?’. If the scholar says, ‘Yes’, then the layman is not required to look any further and should act upon it. But if the scholar says ‘no’, or ‘this is my opinion’ or ‘this is the saying of Malik or Ibn al-Qasim or Abu Hanifa or Abu Yusuf or Shafi’i or Ahmad or Dawood or so-and-so Companion or Follower or anyone below them other than the Prophet sAllaahu alayhi wa salam’ or remains quiet or scolds him off, then it is impermissible for him to accept his verdicts. It is obligatory upon him to ask some other scholar and to seek him out wherever he may be. Because the Muslim, when faced with a religious issue he did not face before and asks a scholar, then he only (intends to) asks the scholar about what Allaah and His Prophet sAllaahu alayhi wa salam commanded in this situation and what Islam obligates in this situation. If the questioner gets to know that the scholars verdict is not based on that, that he should absolve himself from this scholar and run away from him!
And it is obligatory upon the scholar that if he knows that the verdict he gave this layman is based upon the Quraan and Sunnah or Ijmaa’, then he should say ‘Yes’. And it’s not permissible for him to ascribe anything to Allaah or His Prophet sAllaahu alayhi wa salam, if what he based his verdict upon was analogy or istihsaan or taqlid of anyone except taqlid of the Prophet sAllaahu alayhi wa salam…And this is what we said is what no one can be excused from even if he reaches the extreme in ignorance…”
