Thursday, October 30, 2014

PALESTINE: Two State Solution is No Solution

The passing of a motion by British MPs, with 274 votes in favour to 12 against has caused a wave of excitement amongst some Muslim and pro-Palestinian supporters. With claims that this is recognition of the Palestinian right to self-determination, or that the international community and Britain specifically is beginning to take some responsibility for the legacy it left behind in the Middle East. Demonstrated by the criticism levelled by MPs at Israel during the House of Commons debate, especially for its settlement policies
We need to question is this non-binding vote in which less than half of MP’s took part in, really the  “symbolic” day and a stepping stone towards Palestinian liberation?
Friends of Israel
The claim that Britain is at last taking some responsibility for the historic wrongs it had committed against the Palestinian people, is exaggerated. The political parties and their MPs who voted for the motion are supportive of Israel and will continue to do so. It is British foreign policy interests that created the state of Israel and continue to be the reason for its support.
This wasn’t a vote about how the UK arms Israel, with arms and commercial trade worth over 7.8 billion. It was a simply a motion to placate public opinion after Israel’s 2014 Gaza massacre. But more importantly it was designed to create an international public opinion to accept the two state solution.
It’s not the first time staunch allies of Israel have criticised its policies, the EU recently joined Washington in harshly criticising the announcement by Israel of 2,600 new housing units in a settlement across the green line. But yet the support offered to the Zionist entity by Washington and London continues unabated. The Zionist entity was conceived by the British government in the Balfour declaration and has been nurtured and strengthened by the West for decades, for their national interests. The attempts, to resume the ‘Road Map’ to a ‘two-state solution’ are in their national interests, but for Muslims in Palestine, such a road would be little more than institutionalising imprisonment and subjugation.
The two state solution – Rewarding Israeli aggression
The Mps who voted in favour of a Palestinian state, voted for the two state model.  Which means Israel gets to keep over 80 per cent of the land it stole, while the Palestinians have to make do with a de-militarised open prison that will be dependent on Israeli generosity.
The terms of the proposed two-state solution include:
  • Israel would recognise a Palestinian State based on the 1967 borders with mutual territorial swap, which would leave the Palestinians with 22% of historic Palestine, allowing Israel to keep the remaining 78%
  • The Palestinian State would be demilitarised and all irregular militias disarmed including those who are defending themselves from occupation
  • There would be no right of return for Palestinian refugees to Israel
  • Israeli troops would remain along border crossings between the Palestinian state and its Arab neighbours, eventually to be replaced by international forces
  • This means a Palestinian state wouldn’t be able to prevent another military incursion, the last one in 2014 saw 1462 Palestinians civilians killed, of whom 495 were children and 253 women. Previous incursionsinclude 643 cumulative murders in 2006, 2158 murders in 2008 and 2332 murders in 2012.
A ‘two-state solution’ would institutionalise the imprisonment and oppression of Muslims. The two state solution is seen as Israel’s last chance to protect its illegal gains. Israel has significant challenges in the years ahead which threatens it. This is why former Israeli Prime Minister Olmert is on record in saying the following “If the day comes when the two state solution collapses and we face a South African style struggle for equal voting rights, then as soon as that happens, the state of Israel is finished.”
A Palestinian state created out of the remnants of pre 1967 is not a viable state, it will have no real resources, no real sovereignty and would be reliant on Israel for its survival. Just look at Israel’s repeated interventions in Gaza, a territory Israel claims it has left.  The recognition of Palestine as a state will legitimise the permanent recognition of Israel and continue the plight of the Palestinian people.
Barak Obama previously stated the  ‘two-state solution’ – is  conditional on  the Palestinians recognize Israel – also mentioning Israel had a right to maintain its own security but the future Palestine should be demilitarized.
“If we resume negotiations,” said Barack Obama, “then I think the Palestinians will have to recognise Israel as a Jewish state and also enable Israel to have the means to defend itself.”
The only solution is the Islamic solution
The two state solution and its explicit recognition of “Israel” is considered by the west as an essential part of the solution. But we must realise the so-called two state solution is nothing but an incorrect solution that forsakes a major part of Palestine- which belongs to the Muslim Ummah- to the occupiers, recognising as a result the legitimacy of the occupying entity. This recognition from the Islamic viewpoint is a betrayal to Allah (swt), His Messenger (saw), and to the believers.
Giving up any land to foreign occupiers is prohibited from the texts of Islam. “Allah forbids you with regard to those who fight you for your deen, and drive you out of your homes, and support others in driving you out, from turning to them for support/protection. Such that do so are zaalimun (wrongdoers)” [TMQ Mumtahana:9]
Allah SWT demands the return of all occupied land to the authority of Islam and Muslims. There can be no compromise on this hukm despite the immense pressures from the enemies of Islam. It is a historic fact that the division of Muslim lands was only achievable after the destruction of the Khilafah. When Sultan Abdul Hamid II was asked to relinquish Palestine to the Zionists in return for a large sum of money, his response was:
“Please advise Dr Hertzel not to make any serious move in this mater. I cannot give up even one small patch of land in Palestine. It is not something that I own as a part of my personal estate. Palestine in fact belongs to the Muslim Nation as a whole. My people have fought with their blood and sweat to protect this land, let the Jews keep their millions and if the Khilafah is torn apart one day, then they can take Palestine without a price. To have the scalpel cut my body is less painful than to witness Palestine being detached from the Khilafah state and this is not going to happen”
Muslims today should unequivocally reject the two state solution for Palestine and campaign for the return for the Khilafah. It’s through articulating an intellectual case for Islam to be established in society that the confidence will return to the Ummah to bring about the Khilafah state, insha’Allah. Through a genuine political authority based on Islam can the Ummah’s problems be effectively solved like the occupation of Palestine.
Indeed the natural situation of Palestine is under the authority of the Khilafah with Bait ul-Maqdis (Jerusalem) as its capital and it is only under the Khilafah that the both the Muslims and the Non-Muslims (Dhimmi) will receive permanent indemnity of their lives as they did in the past.
The Messenger of Allah PBUH said: “This matter (Khilafah) will continue after me in Al-Madina, then (move to) Al-Shaam, then to the peninsula, then to Iraq, then to the city (Constantinople), then to Bait-ul-Maqdis. So if it reaches Bait-ul-Maqdis, then it would have reached its (natural resting place); and no people who remove it (i.e. the capital of the Khilafah) from their land will ever get it back again (for them to be the capital again).” [Narrated by Ibn ‘Asaakir, from Maseerah b. Jaleese]

Q&A: Riba Money after Khilafah

Assalamu alaikum wa Rahmatullahi wa Barakatuh,
A question from the book, The Institutions of State in the Khilafah (in Ruling and Administration) regarding money of Riba (usury) after the establishment of the Khalifah state of giving its capital to its owners ... Question: What we will do with the money of Riba? Is it permissible for the state to confiscate it and invest it? Is the cash that comes from the property of Riba as banknotes is haram in itself, or is it due to the action?
From Safeer Al-Khilafah

Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
1- The answer to your question, "What we will do with money of Riba", is found in the book The Funds in the Khilafah State (Al-Amwal), where it explained how the state deals with money acquired illegally such as illicit money (Mal al-Ghulul), Riba and gambling ... etc. It came under the chapter titled: "Illicit Money from the Rulers or Civil Servants, Money acquired Illegitimately and Fines" Pages 102-104 (English edition), as follows:
"Whatever has been mentioned of what is acquired by officials and civil servants using illegitimate methods is income for the Bait ul-Mal. Linked to this is every property acquired by individuals through any method of increasing wealth prohibited by Shar'a, as this is Haram acquisition which is not legally owned. So whoever acquires anything through Riba, it is Haram and not owned legally because Allah prohibited Riba and prohibited increasing wealth by Riba. Allah Ta'ala said:
الَّذِينَ يَأْكُلُونَ الرِّبَا لَا يَقُومُونَ إِلَّا كَمَا يَقُومُ الَّذِي يَتَخَبَّطُهُ الشَّيْطَانُ مِنَ الْمَسِّ ذَلِكَ بِأَنَّهُمْ قَالُوا إِنَّمَا الْبَيْعُ مِثْلُ الرِّبَا وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا فَمَنْ جَاءَهُ مَوْعِظَةٌ مِنْ رَبِّهِ فَانْتَهَى فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّهِ وَمَنْ عَادَ فَأُولَئِكَ أَصْحَابُ النَّارِ هُمْ فِيهَا خَالِدُونَ
"Those who eat riba will not stand save like those whom Shaitan struck with his touch. That is because they say: Verily trade is like riba. Whereas Allah permitted trade and prohibited riba. Whoever desisted after there reached him an admonition from his Lord then for him is what has passed and his matter is with Allah. But whoever reverts then they are of the companions of the Fire to dwell therein eternally"
(Al-Baqarah: 275)
And Allah Ta'ala said:
يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَقِيَ مِنَ الرِّبَا إِنْ كُنْتُمْ مُؤْمِنِينَ * فَإِنْ لَمْ تَفْعَلُوا فَأْذَنُوا بِحَرْبٍ مِنَ اللَّهِ وَرَسُولِهِ وَإِنْ تُبْتُمْ فَلَكُمْ رُءُوسُ أَمْوَالِكُمْ لَا تَظْلِمُونَ وَلَا تُظْلَمُونَ
"O you who believe, fear Allah and leave what remains of riba if you are truly believers. If you do not, then be warned of a war from Allah and His Messenger! If you repent then for you is your capital, neither wronging others, nor being wronged"
(Al-Baqarah: 278-9)
It is obligatory to return the property of Riba to those from whom it was taken if they are known. If they are unknown, it is confiscated and placed in the Bait ul-Mal. This is in addition to the Shari' (Islamic) punishment of the dealers in Riba "one who consumes and feeds the Riba, who records, and witnesses it", as in the hadith.
لَعَنَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ آكِلَ الرِّبَا، وَمُؤْكِلَهُ، وَكَاتِبَهُ، وَشَاهِدَيْهِ
"The Messenger of Allah صلى الله عليه وسلم cursed the riba eater, feeder, recorder, and witnesses." And he said:"They are equal." [Narrated by Muslim from Jabir]
Whoever acquires property through the means of gambling, his acquisition is Haram and not legally owned. It is reimbursed to its owner. If its owner is not known, it is confiscated and placed in the Bait ul-Mal, for increasing wealth through gambling is not allowed by Shariah as gambling is prohibited. Allah Ta'ala said:
يَا أَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالْأَنْصَابُ وَالْأَزْلَامُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ * إِنَّمَا يُرِيدُ الشَّيْطَانُ أَنْ يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَاءَ فِي الْخَمْرِ وَالْمَيْسِرِ وَيَصُدَّكُمْ عَنْ ذِكْرِ اللَّهِ وَعَنِ الصَّلَاةِ فَهَلْ أَنْتُمْ مُنْتَهُونَ
"O you who believe, verily alcohol, gambling, sacrificing to stone and divination by arrows are an abomination of Shaitan's handiwork. Avoid them so that you may succeed! Shaitan's only wish is to instigate enmity and hatred between you through alcohol and gambling, and to turn you away from the remembrance of Allah and prayers. Will you not then desist?"
(Al-Mai'dah: 90-91)
2- As for the second part of the question regarding forbidding the money of Riba for itself or for the action ... The answer is that property acquired through illegal work is not Haram in itself, but the prohibition is in how it is acquired or increased, while the property in itself is not Haram. For example, if a person acquired dinars from selling alcohol or through Riba, the dinars do not become Haram in themselves, but the prohibition is in the method by which they were acquired or increased. Therefore, it is not legally owned by the one who acquired it using Haram methods, but the property itself is not Haram hence it is placed in the Muslims' Bait ul Mal (State Treasury), and is spent in their affairs. The only exception to this is the property, which in itself is haram such as pork and alcohol, which are prohibited in themselves.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
26th Dhul Hijjah 1435 AH
20/10/2014 CE
Link to the answer from the Ameer's Facebook page:

Saturday, October 18, 2014

The Fikrah (thought) and the Tareeqah (method)

The following is a translation from the archives. 

The Tareeqah represents the Ahkaam Ash-Shar'iyah which explains the manner of implementing the Aqeedah and the manner of implementing the Ahkaam Ash-Shar'iyah. Allah (swt) has commanded Imaan in Waajib Al-Wujood (whose existence is obligatory) and He is Allah, and Imaan in the Prophethood of Muhammad (saw) whilst He (swt) forbade apostatizing from Islaam and commanded carrying the Islamic Da'wah to the world. Therefore the Ahkaam (rulings) which explain the manner of implementing these commands and prohibitions are from the Tareeqah (method) and they include for example the ruling for the Murtadd (apostate), the Ahkaam of Al-Jihaad and the Ahkaam relating to the Arab Mushrikeen (polytheists) and non-Arabs etc… And Allah (swt) has commanded chastity whilst forbidding Zinaa (fornication and adultery), and He has commanded the protection of the private property and forbidden thievery (as-Saraqah), and He (swt) has commanded the preservation of human life and forbidden killing it. The explanation of the manner of implementing these commands and prohibitions is from the Tareeqah and this is like the Hadd (prescribed punishment) for Zinaa, and for Saraqah (thievery) and the killing of the killer etc…

Allah (swt) has commanded the establishment of a Khalifah and He has prohibited for the Muslims to refrain from establishing the Khalifah for more than three days. He (swt) has commanded the establishment of Judges to settle the disputes and commanded the taking care of the people's affairs whilst He (swt) has forbidden acts of injustice (Mazhaalim) and forbidden deceit in trade, monopoly and oppression. The Ahkaam that explain the manner of implementing these commands and prohibitions are from the Tareeqah and they include the Ahkaam of trade, the Ahkaam of judiciary, the Ahkaam of the Bait-ul-Maal (treasury), the Ahkaam of (dealing with) acts of injustice and the Ahkaam of Hisbah (affairs related to the public well-being) etc…

Also Allah (swt) has commanding the feeding of the Fuqaraa and Masaakeen (impoverished and poor) and has forbidden for anyone to go to sleep whilst being hungry and the rules that explain the manner of how the money or wealth is provided to the poor and preventing them from going to sleep whilst hungry are from the rules of the Tareeqah. These include for example the Ahkaam of Nafaqaat (spending on others), the Ahkaam of Az-Zakaah and the Ahkaam of those who have a right upon the Bait-ul-Maal etc…

As such every Hukm (ruling) that explains the manner of implementing a command from the commands of Allah Ta'Aalaa or a prohibition from His prohibitions is from the Tareeqah. Therefore it should not be asked what the Daleel evidence) for the Talab Al-Jaazim (decisive request i.e. obligation) from the Shaari' (legislator) for the obligation of adhering to the Tareeqah is. This is because the Daleel (evidence) for it is the (same) Daleel that guides to the obligation of abiding by and adhering to the Ahkaam Ash-Shar'iyah which is well known. This is like His statement (swt):

فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لَا يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًا

So no and by your Lord they do not believe until the make you the judge between them in all that which they dispute about amongst them and then they find within themselves no resistance to what you have judged and submit with complete submission (An-Nisaa 65).

And His speech (swt):

وَمَا آَتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانْتَهُوا وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ شَدِيدُ الْعِقَابِ

And whatsoever the Messenger brings to you take it and whatever he forbids you from abstain from it and fear Allah, verily Allah is severe in punishment (Al-Hashr).

These are two from amongst many other well-known evidences related to this issue.

Allah (swt) did not reveal the Ahkaam Ash-Shar'iyah to treat the problems whilst leaving the human to implement these rulings in the way that he sees fit. So He (swt) did not say don't steal, don't commit Zinaa, don't consume the property of others and do not drink Khamr for example and then just leave man to implement these rules. Rather He (swt) don't steal and then provided rules that explain the manner of implementing that prohibition and these include the Ahkaam of Saraqah, An-Nahab, As-Salab and Al-Ghasab (different types of taking property without right). Allah (swt) explained all of the necessary rulings for the implementation of these Ahkaam and He did not leave man with the right to put down any ruling, whether related to the provision of solutions and treatments to problems or related to the manner of implementing these treatments. Rather He (swt) explained and made them all clear for man.

Islaam is therefore a Fikrah (thought) and a Tareeqah (method). The Fikrah is the Aqeedah and the Ahkaam which explain the treatment of the problems of life. These include for example believing in the validity and applicability of Islaam, the belief in the Kitaab and the Sunnah and the belief in the corruption of Kufr and so on. They also include the like of the Ahkaam of trade, the Ahkaam of marriage, the Ahkaam of renting and leasing, and the Ahkaam of Salaah and so on. As for the Tareeqah (method), then it is represented in the Ahkaam which explain the manner of implementing the Fikrah (thought), in other words the manner of implementing the Aqeedah and the manner of implementing the Ahkaam Ash-Shar'iyah like the Ahkaam of Al-Jihaad, Ghanaa'im (spoils of war), Fa'i (booty) and the Ahkaam of the apostate (Mutadd) for example. They also include the like of the Ahkaam of Al-'Uqoobaat (punishments) like the Hudood, Al-Janaayaat and At-Ta'zeer, or the rules related to the Imaamah (leadership) like the rules related to judges and Hisbah, and the Ahkaam related to Da'wah, accounting the Rulers, ordering the Ma'roof and forbidding the Munkar and so on.

As such adhering to and abiding by the Tareeqah is Fard whilst not abiding by it is a sin. If it is not abided by and another method is adopted whilst believing that the (Islamic) Tareeqah is not valid or applicable, then this action would be Kufr (disbelief) and may refuge be sought in Allah from that. If the person did not abide by the Ahkaam of Islaam in their quality as the Tareeqah for the implementation whilst not believing in their suitability and validity like the cutting of the hand of the Saariq (thief) for instance, then he would have disbelieved. However if he did not abide by them due to laziness, neglect or in conformity to what is present or similar to this, then his action would be a Ma'siyah (sinful act of disobedience). It is from this perspective that the judgments of the rulers and judges are measured in respect to them being acts of disobedience of disbelief as the rule and judiciary are from the rules of the Tareeqah. So the judge who rules that the thief should be imprisoned instead of cutting his hand then the issue is examined. If he passed this judgement due to not believing that the cutting of the hand of the thief was valid and applicable then he would have disbelieved and apostatized from Islaam but if he did it to full in line with the wishes of the ruler whilst still believing in the validity of the Hukm of cutting the hand of the thief and its applicability, then in this case he would be someone who is disobedient and each case he would be sinful. The same applies also to the Hukaam (rulers).

Therefore abiding by the Tareeqah, i.e. the Ahkaam which explain the manner of implementing the Ahkaam is a matter which has reached the severity that Allah (swt) has stated in the Noble Aayah:

فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّى يُحَكِّمُوك

So no and by your Lord they do not believe until they go to you for judgement (Al-Hashr)

The seriousness has reached the level that the one who does not believe in the Tareeqah has disbelieved and may Allah's refuge be sought from that.

26th Jumaadaa Al-Uolaa 1383