Friday, August 22, 2008

Ramadhan Articles

As the blessed month of Ramadhan approaches it is time again for us to refresh our understanding of the various ahkam (rules), concepts and history related to this month. The following are links to articles related to the various aspects of Ramadhan and Eid:

The obligation of beginning of Ramadhan when the moon is sighted in any country

Ramadhan & moon sighting according to Classical scholars

Deobandi & Barelvi original Fatawa - obligatory to follow sighting of Muslim from any land for Ramadhan & Eid

Audio: The Fiqh of Determining Ramadhan & Eid

Should we be 'Ramadhan Muslims'?

Ramadhan - Month of the Quran & its affect upon us

Ramadhan Timeline

Comparisons from the Battle of Ain Jaloot

A to Z of Ramadhan

Ramadhan: Past & present

Tafsir of verses on Ramadhan & Fasting - Part 1

Tafsir of verses on Ramadhan & Fasting - Part 2

Make Ramadhan the month of victory again

Eid: Time to Reflect

What did you do on Eid?

Post Ramadhan worship

9 comments:

Anonymous said...

salamualaikum

can anyone other than the khaleef implement the shariah- there is the hadith by muslim ibn yasir which indicates its only the khaleef that can implement hudood etc, but there are some muslims who argue that any muslim has the right to implement the deen if he can do so in a particular territort,how valid is this from a shariah?

if muslims have control over a certain territory, but it doesnt have the merits to be a state, what shld their role be over the people?

Islamic Revival said...

AA

Everyone Muslim who has authority is obliged to implement the Shariah this is not restricted to the Khalifah rather it is restricted to those in authority.

The hadith you mentioned uses the term 'Sultan' which means authority not the term Khalifah. The hadith follows:

Imam Tahawi also narrates a Hadith from Muslim ibn Yasar that the Prophet (saw) said, “The (collection of the) Zakah, the (implementation of the) Hudood the (distribution of the) spoils and the (appointment of the) Jumu.ah are for the Sultan..” (A similar narration has been narrated by Ibn Abi Shaybah in his Musanaf and also by Imam Narghiyani. They have been deemed acceptable.)

ws

Anonymous said...

jazaklahair

so was the taliban legitimate in the shariah which they did implement? ie the hudood, as i was under the impression those who do this are taking the right of the khaleefa.

Islamic Revival said...

We cannot condemn the implementation of the hudud by any ruler even in Saudi Arabia, however what we must speak out against is the partial implementation of the Shariah.

Anonymous said...

i understand your point but the issue of sultan is refering to the authority of the state, which is the khilafah, so it is this state which has the authority from islam to implement the shariah, but the point is can anyone which has authority other than the islamic state, implement the shariah? meaning that if an ameer over a town has authority does he have the right to implement the duties assigned to the sultan mentioned in the hadith?

Islamic Revival said...

You misunderstood what was said. The Sultan refers to ANY Muslim authority, obviously if the Khilafah exists then it refers to it.

In the absence of the Khilafah it is the duty of every Muslim who holds authority to implement the Shariah whether this is someone responsible over a town, city, area or large area of land. They are also forbidden with ruling by other than the Shariah. Unfortunately today we see in some places like in the northers states of Nigeria, Saudi Arabia etc some of the Shariah rules being implemented but the abandonment of the Shariah in many areas. Therefore we don't condemn those rulers for what they implement from the Shariah correctly such as the hudud, however we condemn them for abandoning the other Shariah rules.

Anonymous said...

salamualaikum wr wb

having read the above posts, i find it difficult to reconcile with HT literature, from my knowledge of HT activists they have consistenly stated that no one an implement the shariah other than the imam and this is a criticism which its activists have levied against jihadi groups, which are over taking certain village and implementing shariah.

if this is correct, then arent you agreeing with the jihadi methodology in parts, of physically taking over villages and towns and implementing shariah, which becomes a building block in the work for khilafah.

Anonymous said...

Salaams

What about the case where there is no authority in a land yet there is an inability to form a khilafah can the ppl establish a judge and implement the hadd? Imam Juwainy discusses this in his ghiyath al umum. Does this follow also from the ahadith?

Islamic Revival said...

AA

What you have mentioned is a common misunderstanding, as the da'wah carriers always highlight the importance of Khilafah this should not be misinterpreted. No where in the adopted literature does of HT it say this, rather it says the contrary. For example even when it comes to the subject of Jihad HT doesn't say that is dependent upon the existence of the Khalifah. In the adopted book Shaksiyya Islamiya (The Islamic Personality) Volume 2 it says:

"Jihad is an absolute (mutlaq) obligation, and it is not restricted or conditional upon anything. The ayah upon it is absolute: “Fighting is prescribed upon you” [TMQ 2:]. The presence of the Khaleefah has no (dakhala) upon the obligation of jihad; rather jihad is obligatory whether there is a Khaleefah or not. However, when there is a Khaleefah whose Khilafah has been contracted legally and who has not left it for any reason, the matter of jihad is delegated to the Khaleefah and his ijtihad as long as he is Khaleefah even if he were wicked/immoral (fajir) as long as he remains in the headquarters (markaz) of the Khilafah. The citizens are obliged to obey his opinion over this even if he were to command any one of them to fight together with a wicked Amir due to what Abu Dawud narrated with his chain from Abu Hurayrah: The Messenger of Allah (SAW): “Jihad is obligatory upon you together with every Amir, whether he is righteous or wicked.”

HT forbids the munkar not implementing the Shariah as a whole but also attacks them for not implementing certain important ahkam and urges them to do that. HT never critises the actual implementation of the shariah by any Muslim in authority, it rather exposes them for not implementing the Shariah as a whole.

Sheikh Taqiuddin an-Nabhani himself was a Qadi (judge) in a Shariah court in Palestine. If we did not recognise the implementation of Shariah by anyone other than the Khalifah then how could we accept the judgement of Qadi's in Shariah courts who are not under Khilafah?

Regarding Jihadi groups, HT's difference with them is not on their call to implement shariah it is related to their methodology on re-establishing the Khilafah. HT differs with their Ijtihad on this area and aims to convince them based upon following the strongest evidence.