Monday, April 14, 2014

Q&A: Ruling related to Covering the feet & Statement of Sultan of Brunie on implementing Shari'a


Bismillahi Al-Rahman AlRaheem
Answers to the Questions:
1. Ruling related to Covering the Feet
2. Statement of Sultan of Brunei that He Intends to Implement the Shariah
To Ahmad Uais



Question: 
Asalamu Alaikum our honourable Sheikh, Please when you have time, could you answer my questions? Barak Allah feek.
First Question: From the book An-Nitham Al-Ijtima’i fil Islam [The Social System in Islam]
1. It is mentioned in the book on page 50 (English version)… “And there is no need to cover the feet since they are already covered”.
Does this statement mean that it is not an obligation to wear something that covers the Awra(feet) underneath the public life dress (Jilbab)?
2. On page 50 in the same book (English version)… “Because the loose and draping dress down to the feet is an obligation”.
The word “to” does it not indicate that the feet are not included to be covered by the Jilbab? From the linguistic sense, otherwise the previous paragraph confirms the obligation for it to be covered; for the precision of the language, isn’t it better to say;” to drape below the feet”?
Second Question: There are news reports on the Facebook that the Sultan of Brunei stated that he intends to implement Shariah and that he is making alterations in the constitution for this purpose.
What is the truth of this matter? May Allah Bless you our Ameer.

Answer:

Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu

First: Question regarding the feet.

1. The first statement in your question:

”And there is no need to cover the feet since they are already covered”.

Yes, it means that there is no need for the woman to wear something that will cover her feet underneath the public life dress, if the dress is draping to the floor by a hand span or an arm span and not more as what was mentioned in the whole paragraph which you copied the first statement from in your question.

2. The second statement in your question: “Because the loose and draping dress down to the feet is an obligation”. It means if the feet were covered by socks or something similar, then it is sufficient that the public life dress reaches the feet without draping down below the feet. By this, the draping mentioned in the verse is achieved. This is also clear from the whole paragraph that you copied your statement from in your question.

3. In order to make the matter clearer, I will repeat to you the Answer to the previous question:

(a. In the past, women and specially the Bedouins used to walk barefoot or wore slippers or similar footwear that did not fully cover the feet; women’s feet were exposed except when they wore dresses that drape down to the floor, to cover the feet when they walked.

When the Prophet (saw) prohibited draping the dress out of pride, Umm Salama (ra) concluded that if women do not drape their dresses (Jilbab) to the floor their feet will show when they walk, because they walked barefoot or wearing slippers that do not cover their feet fully. She asked the Prophet (saw): “What should women do regarding the draping of their dresses?” this is because their Jilbabs and Abayas draped to the floor to cover their feet.

The Prophet (saw) allowed the women to lengthen their dresses by a hand span or an arm span from the feet so that their feet are covered when they walk; which is possible as long as the dress (Jilbab) drapes down to the floor.

The subject was (the draping of the dress (Jilbab) to cover the feet) i.e. the question was to cover the feet, in other words draping the Jilbab on the floor below the feet was for the purpose of covering the feet.

The I’la (divine reason) in draping of the dress to the floor with the extra length is to cover the feet. The rule revolves with the I’la in its presence or absence. If the feet are covered, then the dress is not draped to the floor, it is sufficient to achieve the meaning of Idraa’ i.e. draping which is mentioned in the verse:

(يُدْنِينَ عَلَيْهِنَّ مِنْ جَلَابِيبِهِنَّ)

“... to bring down (drape) over themselves[part] of their outer garments” [Al-Ahzab: 59]

i.e. to drape the dress to cover the feet.

b. As for the place from which the dress should be lengthened that Umm Salama inquired about to add a hand span or an arm span to: the subject was the draping of the dress.

The issue that Umm Salama (ra) was inquiring about was” the draping of the dress (Jilbab) to the floor”. 

As she realised if the dress (Jilbab) does not drape to the floor below the feet the women’s feet will be exposed when they walk. This is true, if the dress is not draping to the floor, the feet will show during walking if the women are barefoot or wearing footwear that does not fully cover the feet.

So the Prophet (saw) gave her permission to drape the dress (Jilbab) a hand span down to the floor. In the hadeeth to drape a hand span to the floor, The word “drape” means to the floor; indicating that the hand span drapes to the floor i.e. below the feet.

I repeat this is for the purpose of covering the feet during walking. If the feet of the woman are covered with socks or something similar, it is sufficient for the Jilbab to reach the heels as long as the rest of the feet are covered) end.

Second: The Subject of Brunei:

Yes, the news reported in your question is accurate.

Implementing the rules of Islam is not by establishing fixed borders. It should be a correct implementation by a State that adopts the whole of Islam as a system, State, and society. It implements Islam internally and externally and propagates it to the world by Dawah and Jihad and its security is by the hands of the Muslims and is free from the Kuffar and the colonial influence.

Brunei is missing the above, even the implementation of Hudood that they declared will be on Muslims only, non-Muslims who live on its land will be excluded. It is well known that Brunei is widely open for the Kuffar. Its security is not in its hands, it is controlled by the West especially by Britain. This is why the matter is not more than a provision of a vent to the feelings of Muslims out there.

Your brother,
Ata Bin Khalil Abu Al-Rashtah

12 Jumada II 1435 AH 
12 April 2014 CE

النسخة العربية

Link to the answer from the ameer's facebook page

Q&A: Regarding Ijtihad in Texts

Bismillahi Al-Rahman AlRaheem

The Answer to the Question:
Regarding Ijtihad in Texts with Definite Meanings
To: Alabid-lilah
(Translated)


Question:
In the book, System of Islam, (Nitham Al- Islam) the following is mentioned,
“Therefore the higher objectives to safeguard society were not from man but they are commands and prohibitions from Allah and are fixed and do change or evolve. To safeguard humankind, the mind, human dignity, human soul, personal ownership, the Deen, security, and the State are fixed higher objectives to safeguard society and are not changed or evolved.”
The question is:
Isn’t it the case that Ijtihad in the constitution will change some text, yet the text above mentions that the text will not change or evolve?
Please elaborate this.
Barak Allah feek and May He (swt) assist you.

Answer:

Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu

Dear brother, Ijtihad is not applicable to the texts which are definite and definite in meaning, i.e. the verses of the Qura’n and Hadeeth Mutawatir, they are definite in meaning according to the study of the language and section of the Book and the Sunnah.

Ijtihad is applicable to the indefinite texts, whether they are definite texts or indefinite texts.
As long as the meaning is indefinite the Ijtihad applies, according to what is known in the sciences of Usul and Fiqh.

What is mentioned in the book as higher objectives that must safeguard the Islamic society, they are definite texts with definite meanings; its hukum (ruling) does not change by Ijtihad because Ijtihad is not applicable here; it is not applicable to definite text.

Your brother,
Ata Bin Khalil Abu Al-Rashtah

7 Jumada Al-Akhira 1435 AH
7 April 2014 CE

النسخة العربية
Link to  the answer from the Ameer's page on facebook:

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