Monday, October 28, 2013

Q&A: Riba Transactions | Shiekh Abu Talha

Q&A: Riba (Interest) Money to help Poor?
Can you help others with the money you incur through Interest (Riba)?

Q&A: What is Riba (Interest) | Sheikh Abu Talha

Reality of Riba (Interest) explained by Sheikh Abu Talha. Interest is the main pillar of the current economic structures worldwide. He explains the impact of interest upon individuals and societies at large.

Abu Talha presents the Islamic perspective of riba. Allah(swt) created mankind and he knows what best for humanity. Allah(swt)s warnings and consequences about Riba (Interest) are also explained.

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Introduction to an Islamic Constitution for Syria and the Muslim world - Articles 5 & 6

The following is the translation of an article from the book by Hizb ut-Tahrir entitled 'Introduction to the Constitution and the necessary evidences for it' which is the explanation of its draft constitution for the Khilafah state. This draft translation is from the second edition published in 2009 which was updated from the original published in 1963. Numerous brigades in Syria have agreed to the implementation of this constitution after the removal of the corrupt system that has brutally suppressed the people for decades. 



Article 5
All citizens of the Islamic State enjoy the Shari’ah rights and duties.

Article 6
The State is forbidden to discriminate at all between the individuals in terms of ruling, judiciary and management of affairs or their like. Rather, every individual should be treated equally regardless of race, Deen, colour or anything else.

These two articles have been drafted in order to explain the rules pertaining to those who carry the Islamic citizenship irrespective of whether they were Muslims or the people of Dhimmah (non-Muslim citizen of the Islamic State). As for the Muslims, this is due to the fact that the Messenger  has denied the Muslims who live outside the Islamic State and who do not hold the Islamic citizenship from the rights enjoyed by the State’s subjects. On the authority of Sulayman Ibn Buraydah on that of his father who said: “Whenever the Messenger of Allah (saw) appointed anyone as Amir of an army or an expedition, he would especially exhort him to fear Allah and to be good to the Muslims who were with him. He (saw) would say: “Conquer in the Name of Allah and in the Way of Allah. Fight against those who disbelieve in Allah. Conquer and do not embezzle the spoils; do not break your pledge and do not mutilate the dead bodies. Do not kill the children and if you encountered your enemies who are polytheists, invite them to three courses of action. If they respond to any of these, then accept it from them and withhold yourself from doing them any harm. Invite them to Islam; if they respond to you accept it from them and desist from fighting them. Then invite them to migrate from their abode to the abode of the Muhajirin and inform them that if they do so, they shall have all the privileges and obligations of the Muhajirin. If they refuse to migrate, tell them that they will have the status of Bedouin Muslims, but they will not get any share from the spoils of war or Fai’ except when they actually perform Jihad with the Muslims” (Recorded by Muslim). This narration indicates clearly that the one who does not migrate to Dar Al-Islam will not enjoy any of the rights of citizenship even if he were a Muslim. The Messenger of Allah  invited them to come under the authority of Islam so that they may enjoy what the Muslims enjoyed and undertake the obligations which the Muslims undertook; he  said: “Then invite them to migrate from their household to the household of the Muhajirin and inform them that if they do so, they shall have all the privileges and obligations of the Muhajirin”. This text stipulates that migration is required for them to have what we have and for our obligations to be upon them, in other words for them to fall under the laws. The understanding of the narration is that if they did not move they would not have what the emigrants had, in other words what they had in the abode of Islam (Dar Al-Islam), so this narrations explain the difference in the laws between the one who moves to the abode of the emigrants and the one who doesn’t, and the abode of the emigrants was the abode of Islam with anything else being the abode of disbelief (Dar Al-Kufr). The individual’s residence in Dar Al-Islam or in Dar Al-Kufr is referred to as citizenship. Hence, a person’s citizenship means the abode which he chooses as his residence; is it Dar Al-Islam or Dar Al-Kufr? If it were Dar Al-Islam, then the rules of Dar Al-Islam would apply to it, and in this case a person would be a holder of an Islamic citizenship. If it were Dar Al-Kufr, the rules of Dar Al-Kufr would apply to it, and the person living there would not be considered as a holder of an Islamic citizenship.

The laws encompass the Dhimmi who lives in Dar Al-Islam, so they are given the rights of residency and carry the citizenship. The Dhimmi is the one who embraces any Deen other than Islam and becomes a citizen of the Islamic State while remaining upon his faith which is other than Islam. The word Dhimmi is derived from the word Dhimmah, meaning the oath. Hence, the Dhimmi are those to whom we give an oath to treat according to the terms of peace we made with them and to proceed in interaction with them and in managing their affairs according to the rules of Islam.

Islam has come with several rules pertaining to the people of Dhimmah, in which it guaranteed the rights of citizenship for them and imposed upon them its duties. Islam also outlined that the Dhimmi enjoy the same justice we enjoy and that they should abide by the same rules that we abide by. As for that which they enjoy in terms of justice and fairness, this is derived from the general command reflected in Allah (swt) saying: “And if you judge between people that you judge with justice.” (TMQ 4:58) and in His (swt) saying: “And let not the hatred of others to you to make you swerve to wrong and depart from justice. Be just, that is nearer to piety” (TMQ 5:8) and it is also reflected in Allah (swt) saying regarding the judgement between the people of the book “If you judge, judge with equity between them; for Allah loves those who judge in equity” (TMQ 5:42).

As for abiding by that which we abide by in terms of justice, this is derived from the actions and sayings of the Messenger of Allah . He  used to exact the same punishment upon the disbelievers and the Muslims. The Messenger of Allah  punished a Jew by killing him for killing a woman, as has been recorded in al-Bukhari from Anas Bin Malik who said: “A woman who went out in Madinah wearing ornaments was attacked by a Jew who threw a stone at her, so she was brought to the Prophet  barely alive, so the Messenger of Allah said to her so and so killed you, upon which she raised her head, and so he returned and said so and so killed you, upon which she raised her head, so he returned and said so and so killed you upon which she lowered her head. The Messenger of Allah called for that person and he was killed between two stones”. He  was brought a Jewish man and woman who had committed adultery and so he stoned the pair of them as related by al-Bukhari from Ibn Umar who said “A Jewish man and woman who had committed adultery were brought to the Messenger of Allah , and so he asked the Jews what do you find in your book? They said our rabbis appeared red faced. ‘Abd Allah Bin Salam said Call them to the Torah O Messenger of Allah, and so they brought it and one of them placed his hand upon the verse of stoning and began to recite what came before and after it, and so Ibn Salam said to him Raise you hand, and the verse of stoning was there beneath his hand and so the Prophet ordered for the two accused to be stoned”

It is a duty upon us to give the people of the Dhimmah the protection given to the Muslims, due to words of the Messenger of Allah , He who kills a covenanted person unjustly shall not find the scent of heaven; its scent is found the distance of a hundred year march”, transmitted by Al-Tirmidhi who said it is Hasan Sahih. And al-Bukhari transmitted it with the words “whoever killed a covenanted person will not smell the scent of heaven; and its scent covers the distance of 40 years”.

The people of Dhimmah enjoy the same rights as those enjoyed by Muslims in terms of managing their affairs and securing their living. It is narrated on the authority of Abu Musa Al-Ash’ari that the Messenger of Allah  said: “Feed the hungry, visit the poorly and free the prisoner” transmitted by al-Bukhari through Abu Musa. Abu ‘Ubaydah said: “Therefore, the people of Dhimmah are excluded from Jihad, their prisoners are freed and if they are salvaged, they return to their Dhimmah and their oath as free, and there are narrations regarding that”. And on the authority of Ibn Abbas who said: “The Messenger of Allah  made peace with the people of Najran” and from the narration as transmitted by Abu Dawud in his Sunan “their churches would not be destroyed, and no priest of theirs would be banished and they would not be coerced away from their faith provided they did not innovate any matter and they did not deal in usury”.

The Prophet  used to visit their sick, as recorded by al-Bukhari from Anas who said “There was a young Jewish boy who used to help the Prophet  who became ill and so the Prophet  used to visit him. He sat by his head and said to him – Embrace Islam, and so he looked at his father who said to him Obey Abul Qasim, and so he embraced Islam. The Prophet  left him and he said All Praises to Allah who saved him from the fire” which indicates that it is permitted to visit them, be courteous and sociable with them. Al-Bukhari transmitted from Amru Bin Maymun from Umar Bin al-Khattab (ra) who counselled at the time of his death “And I direct the Khalifah after me with this and this, and direct him that by the oath of Allah and the oath of His Messenger , he should fulfil their oath towards them, to fight on their behalf and not to burden them with more than they could bear”.

The Dhimmi should not be interfered with in terms of their faith and their rituals, for the Messenger of Allah (saw) said according to what Abu Ubaid reported in al-amwal through ‘Urwa who said: The Messenger of Allah  wrote to the people of Yemen: “He who is upon his Judaism and his Christianity, should not be coerced away from their faith”. Custom duties are not extracted from the Dhimmi in the same way they are not taken from the Muslims. Abu ‘Ubayd reported in al-Amwal on the authority of Abdul Rahman b. Ma’qal “I asked Ziyad Bin Hadir – who did you used to tax? He said – we did not use to tax Muslims nor the one who had a covenant. So I said – so who did you tax? He said traders of war (people from states with no agreement) in the same way they would tax us if we went to them”. The tax collector is the one who extracts the custom duties.

Therefore, the Dhimmi are subjects of the State, like any other subjects, enjoying the rights of citizenship, protection, guaranteed living and fair treatment. They also enjoy the right of being treated with kindness, leniency and clemency. They can join the Islamic armed forces and fight alongside the Muslims if they choose to do so, but they are not obliged to fight and no wealth is obliged from them except the Jizya, so the taxes that are obliged upon the Muslims do not apply to them. They are viewed by the ruler and the judge in the same light as the Muslims are viewed without any discrimination in terms of the management of their affairs and the implementation of the rules of transactions and the penal code upon them. Therefore, the Dhimmi enjoys all the rights, equally and exactly as those enjoyed by the Muslim; he is also expected to perform all the duties incumbent upon him, such as the fulfilment of the oath and the obedience of the State’s orders.

In this way it can be seen that the issue with respect to being taken care of is the citizenship of the State, irrespective of whether they were Muslim or not. It is forbidden to discriminate in any way between those who hold the Islamic citizenship, due to the generality of the evidences pertaining the ruling and judicial matters and management of affairs. Allah (swt) says: “And if you judge between people that you judge with justice” (TMQ 4:48). This is a general address that applies to all people, Muslims and non-Muslims alike. Furthermore, the Messenger of Allah  said: “The evidence must be submitted by the plaintiff and the oath must be delivered by the defendant who denies the charge” as transmitted by al-Bayhaqi with a Sahih chain. This is also general and it applies to Muslims and non-Muslims alike. It is narrated from ‘Abd Allah Bin Zubayr who said: “The Messenger of Allah  has decreed that the two disputing parties should both sit before the judge” reported by Ahmad and Abu Dawud and authenticated by al-Hakim. This is also general and it includes any two disputing parties, Muslims and non-Muslims alike. The Messenger of Allah  said “The Imam is a guardian and he is responsible for his subjects.” (Agreed upon by Muslim and al-Bukhari). The term “subjects” is general and it includes all the subjects, Muslims and non-Muslims alike. Likewise, all the general evidences related to citizenship indicate that it is forbidden to discriminate between the Muslim and the non-Muslim, between the Arab and the non-Arab or between the white and the black. Rather, all the people who hold the Islamic citizenship should rather be treated equally, without any discrimination between them either by the ruler, in terms of looking after their affairs and in terms of protecting their lives, their honour and their wealth, or by the judge in terms of equality and justice.

Those who stall the Da'wah Carriers in Uzbekistan Insist on Irrigating the Tree of Islam from their Blood!

A martyr was elevated to his Lord, Bidhnillah, at the age of 35, a native from the city of Tashkent: Brother Samar ad-Din Siraj ad-Dinovic, who was working within the ranks of Hizb ut Tahrir to eradicate the Karimov regime, the tyrant of Uzbekistan, and for the establishment of the second rightly guided Khilafah on the method of Prophethood.
Samar ad-Din (Rahimahullah) stood out since he was young, through his seriousness, diligence and intelligence. He was outstanding among his peers throughout the stages of his school education, just as in the stages of his university education. He graduated from the Imam al-Bukhari University in the city of Tashkent with excellent honors. Then through his intelligence and sensitivity he realized the corruption of the system and its injustice, which has befallen the Muslims in Uzbekistan. This prompted him to join the ranks of the Hizb, and work with it to resume the Islamic way of life, not fearing anyone but Allah, and without fear of the prosecution by the oppressors, after learning about Hizb ut Tahrir, its thoughts and the purpose which it seeks to achieve.
In 1999, the criminal system of Karimov, full of hatred against Islam, thirsty for Muslim blood, arrested Samar ad-Din and sentenced him to prison for 17 years. This lion spent the solitude of imprisonment transferring between Jaslyk prison and Colony No. 64/48 in the city of Zarafshon. In the habit of the criminal regime, their henchmen did their outmost and used all their criminal minds could come up with from means of torture and humiliation, to cause Samar ad-Din to deviate from his Aqeedah and deter him from his ideas, or at least dissuade him from his aim. But their aspirations crashed against the rock of the steadfastness of a man who pledged himself to Allah, scalding their chests even more and making them to decide to kill him, and this actually happened.
In the late hours of the night of October 21, 2013, the members of the Special Forces Shaikhantakhor and the local police brought the body of the martyr to hand it over to his family. Traces of torture from bruises and wounds were present on his pure body, while the prisoners and their relatives who had seen Samar ad-Din recently confirmed that he had been in good health and did not complain of anything. Therefore the martyr's family asked for an autopsy, and the results were awful. The report stated that Samar ad-Din had suffered from a concussion and a fractured skull, showing traces of blood in the brain, and broken bones all over the body. In an attempt to conceal this heinous crime, the slaves of the tyrant Karimov demanded to bury Samar ad-Din after dawn prayers; they even offered to wash him and dig the grave and bury him themselves! Under the threats of the henchmen to arrest family members if they did not comply with their orders, the family buried the martyr without the presence of relatives and neighbors.
We ask Allah to accept our brother Samar ad-Din among the martyrs, and grant him the status of the master of martyrs, as we ask the Almighty to inspire his family and his relatives with patience, persistence and fortitude, and to let him intercede for them on the Day of Judgment. Ibn Hibban reported in his Sahih from Abu Ad-Darda' who said: "I heard the messenger of Allah صلى الله عليه وسلم say:
الشهيد يشفع في سبعين من أهل بيته
"The martyr intercedes for seventy from his household."
As for the henchmen of the Jewish criminal Karimov and his torturers we say: Know that the Khilafah State is standing at the doors, save yourselves, and shake your hands from Karimov. Stop them from the torture and abuse of Muslims. Otherwise if the Khilafah State finds you in this state upon its establishment, it will not overlook you, nor will it show pity or mercy towards you. Neither humiliating yourselves nor begging for mercy will help you that day. That is in this world, and the torment of the Hereafter is much greater. Allah Almighty says in the Holy Qur'an:
وَكَذَلِكَ أَخْذُ رَبِّكَ إِذَا أَخَذَ الْقُرَى وَهِيَ ظَالِمَةٌ إِنَّ أَخْذَهُ أَلِيمٌ شَدِيدٌ
"And thus is the seizure of your Lord when He seizes the cities while they are committing wrong. Indeed, His seizure is painful and severe."
(Hud: 102)
The Central Media Office of Hizb ut Tahrir
Saturday 21 Dhul Hijjah 1434 AH
26-10-2013 CE
Issue No : 1434 AH /101

Q&A: Recent US Debt Crisis

There is a heated conflict happening in the United States between the Obama administration and the Democratic Party on one side, and the rival Republican Party on the other side, about the budget and the raising of the debt ceiling that Obama's government is insisting on. The crisis has intensified with the failure to approve the budget which resulted in hundreds of thousands of federal government employees' work being disrupted in what is being called a short leave without pay.
And the question: How can this happen in America, the chief of the capitalist democratic states? What is this democracy, which they claim does justice to people, that withholds wages not due to their fault or any deficiency in their work done? And how is the government insistent on raising the debt ceiling, instead of being insistent on lowering the debt?
We would like this to be clarified in a way that can be easily understood, and may Allah سبحانه وتعالى reward you.

Answer:
The answers to your questions can be clarified and easily understood by understanding the following issues:
First: American Budget:
The approval of the American budget requires the approval of Congress, which is made up of the Senate, whose majority is controlled by the Democrats, and the House of Representatives, whose majority is Republican. An intensive round of negotiations went on, with the exchange of texts and proposals between the House of Representatives and Senate, until the night of Monday 30/9/2013. Despite this the American Congress has failed to approve the temporary budget before the first hour of 1/10/2013, which is the beginning of the new fiscal year.
Second: Issue of the Debt Ceiling:
American public debt is the amount of public debt due from the Federal Government; which is the total of US Treasury bonds owned by parties outside the United States, as well as US Treasury bonds, which are issued by the United States Treasury Department, that are owned by parties inside the United States.
Congress determines the debt ceiling that the Federal Government is not allowed to pass, which is currently 16.7 trillion dollars, and that the government is expected to exceed or almost exceed on 17/10/2013. Therefore, the Federal Government is holding its breath waiting for the decision of Congress on that date.
Third: The Crisis and its Causes:
1. Obama presented a project for healthcare that he named "Obamacare", which would provide social security and health insurance to 46 million low income Americans, and which would let those who do not enjoy insurance to get health insurance. For the project to be implemented the necessary allocations must be approved in the 2013-2014 budget that begins on 1/10/2013. However, the Republicans understood that the project would mean popular support and public opinion for the Democratic Party, especially with the midterm Congressional elections being in November 2014. Health care is expected to be a point of discussion, and therefore the Republicans refused to allocate funds in the budget for Obama's project and requested for it to be delayed unless the law was subject to negotiation and amendments. It would then be issued in the name of both parties, after accommodating the Republican Party's vision in the project, so it would not be Obama's vision by himself. This is so that Obama would not gain any electoral balance for the Democratic Party in the future elections, and because the Republicans have the majority in the House of Representatives, they are able to delay the issuance of the law.
And because the issue for both parties is not serving the people, instead it is a political quarrel for the sake of the future elections' yield, both parties have insisted on a halt, even if it harms the people as demonstrated later. Obama wants it to be approved, and the Republicans want it to be delayed so that it can be negotiated and packaged in a way that distances it from Obama, and associates it with the Republicans... and this is how the crisis deepened, with the Congress failing to approve the temporary budget before the first hour of the month of October, which was the appointed date for its approval, and with the debate between the two parties ongoing up to this date.
2. This has resulted in the activation of the "Federal Government Shutdown", because of the Republican Party's refusal to vote on the budget law for the year 2014 on 30/9/2013. The result was more than 800 thousand government employees entering a mandatory vacation without pay, and with the expectation of a reduction in employees for all American institutions and a large number to be laid off... as happened previously when government activity was interrupted for 21 days in December 1996 until January 1997, in the era of Bill Clinton when the state incurred losses of about a billion dollars.
3. This is only a part of the crisis, indeed it is just an introduction to the coming crisis, which is the government requesting the debt ceiling to be raised on the appointed date for Congress to study the situation on 17/10/2013. That is because the government's debt has exceeded the ceiling allowed, which is 16.7 trillion dollars. This is the ceiling approved by Congress, and it is obligatory on the government to not borrow more than it. But the state treasury will be almost bankrupt on 17/10/2013, when nothing but 30 billion will remain in the treasury according to predictions, and afterwards the state will be unable to meet its financial obligations.
4. The two parties have been pelting each other with accusations, especially after the people were affected due to the problems of the two parties, so each party has tried to cast responsibility onto the other. Obama considers the Republican party to be the cause and describes it as holding the nation hostage in exchange for realizing the party's interests, so in press conference in the White House on Tuesday 8/10/2013 he said that "Members of Congress — and the House Republicans in particular — don't get to demand ransom in exchange for doing their jobs, and two of their very basic jobs are passing a budget and making sure that America's paying its bills."
And the Speaker of the House of Representatives says that he would not allow Congress to raise the debt ceiling unless Obama presented concessions dealing with the project of health care known as Obamacare, and agreed to negotiations, and that he was "not going to raise the debt limit without a serious conversation about dealing with problems that are driving the debt up."
5. It is clear in the tug of war between both parties that both of them want to raise the debt ceiling, but the Republican Party tied its stance to the amendments to the health care law in order for it to be associated with the Republican party... but what is worth mentioning is that normal circumstances of states are managed in a way that control its financial and economic situation to lower the amount of debt and not to increase it. However, America is the only country that is not bothered by drowning in debt, because it issues bonds as it wants, and guarantees to pay them off under suitable conditions, even if it cannot due to its financial situation. This is because it can, if it found it an overriding interest, print more dollars without limits of hard currency in its treasury like other states. Particularly because it currency greatly controls other countries' reserves, and it can print more with the permission of the International Monetary Fund secretly or "even openly" without permission, because America is of actual influence in the Fund, and it can present fake reasons and conceal the reality of the situation with the International Monetary Fund's support! Even if the printing of these papers results in a dip in the price of the dollar or inflation in prices, as long as America sees that it has an interest in doing so, it will. For example, the press has reported that America printed between "2 trillion – 4 trillion" during the fuel speculation that resulted in an increase in the price of oil, which reached almost 150 dollars per barrel in 2008, and America was not far from the speculation. America printed those papers to be able to buy the greatest amount of the fuel directly or indirectly to add it to its inventory, and it saw that this was in its interest that exceeded the volatility of the prices, and the devaluation of the dollar...
And therefore the debt ceiling for the American government will be raised by necessity. For example the government debt increased (central government and local government) from 4.3 trillion dollars in 1990 to 8.4 trillion dollars in 2003, and to 8.9 trillion dollars in 2007. In the beginning of Obama's governance in 2009 the debt was 10.3 trillion dollars, and in 2011 it exceeded the mark of 14 trillion American dollars, and it now exceeds 16.7 trillion dollars. Another state would have drowned in much less debt than this and it would have collapsed and its economy would have been reduced to rubble! But America is not burdened by debt because it is an internal problem to it, and Congress can raise the debt ceiling whenever it wants, and its economy will proceed, and it will pay the debt by the strength of its economy if it is strong or else it will issue currency paper without limits as with other countries. The collapse of America will be the appearance of a state that gives not weight to the American dollar, and that deals with it either by exchanging goods or by returning to the gold and silver standard in currency exchange.
6. And thus the chief of the capitalist democratic camp confirms the failure of the capitalist democratic system, and that it is no more than ruling capitalist class' manipulation of the people, especially the middle class and particularly the common people. Obama made his issue the "Obamacare project" with the excuse of helping the millions of people attain health insurance, but in turn he disrupted the work of hundreds of thousands of workers with an unpaid vacation...! This means that the Democratic Party's intentions in this law are not to serve the people, rather to nail future elections. How does serving the people result in depriving them of their work not due to a fault from them? And to the Republican Party the issue is not an issue of health insurance or no health insurance, it is only that the project not be attributed to their contender so that they can have a share in it... The two parties are not concerned with health care for the people, and the proof is that they are willing to agree on it after both parties negotiate it, so therefore the issue is not in its content, but in the extent of its usefulness in the elections, even if it results in distress and trouble for the people! The project has a requirement that obligates large companies to provide health insurance to its employees, and the owner of this project himself announced last July that he wished to delay this requirement for a year, in order to please these companies, and to please its supporters in the Republican Party, with him assuming that the Republican Party would agree to his project... and from this it is clear that the two parties are not concerned with caring properly for the health affairs of the people as much as they care about electoral popularity. From all this it is clear that their capitalism is to exploit public capital to increase their capital, and their democracy is not to serve the people, instead for the people serve the "major" owners of democracy without pay!
7. And in conclusion we thank Allah سبحانه وتعالى that we are Muslims, and that Allah سبحانه وتعالى guided us to the wise and proficient system... The Khaleefah goes hungry if the citizens are hungry, and he is satisfied if they are satisfied, and he is not safe until they are safe... a system that assures the covering of all the basic needs of housing and clothing and food for every individual citizen. Whoever can work is provided with a job, and whoever cannot work and does not have a relative to spend on him, then the Khaleefah is his guardian and guarantees to provide for him... a system that allocates general property among the people to protect their livelihood and security, so it allocates to each their portion from birth... a system that achieves a secure just economic life that amends the affairs of the creations, for the Creator سبحانه وتعالى provides what amend people:
أَلَا يَعْلَمُ مَنْ خَلَقَ وَهُوَ اللَّطِيفُ الْخَبِيرُ
"Does He who created not then know? He is the All-Pervading, the All-Aware."
(Al-Mulk, 67:14)
We ask Allah سبحانه وتعالى the assistance and accommodation to return the Righteous Khilafah, so it will spread goodness not only in the abode of Islam, also to everyone who has a heart and loves peace and security... and praise be to Allah سبحانه وتعالى, Lord of the worlds.
6th of Dhul Hijjah 1434 AH
11/10/2013 CE

Q&A: Regarding Raising of the Voice at Parents

What is the ruling on becoming angry with the parents and raising one's voice at them? Bearing in mind that the parents have caused the son many problems in which he had to resolve; instead of looking after him while he was young, he is the one who had to resolve their stances and actions. Is getting angry and raising the voice at the parents sometimes considered from "Uqooq al walidain" (being undutiful to the parents) and unable to achieve success "Tawfeeq" in life?
From: Lamis Sh

Answer:
Wa Alaikumu Assalaam wa Rahmatullah wa Barakaatuhu,
Allah سبحانه وتعالى made it prohibited to say "uff" to the parents. How about getting angry at them and raising the voice at them?
Allah سبحانه وتعالى says:
وَقَضَى رَبُّكَ أَلَّا تَعْبُدُوا إِلَّا إِيَّاهُ وَبِالْوَالِدَيْنِ إِحْسَانًا إِمَّا يَبْلُغَنَّ عِنْدَكَ الْكِبَرَ أَحَدُهُمَا أَوْ كِلَاهُمَا فَلَا تَقُلْ لَهُمَا أُفٍّ وَلَا تَنْهَرْهُمَا وَقُلْ لَهُمَا قَوْلًا كَرِيمًا
"And your Lord has decreed that you not worship except Him, and to parents, good treatment. Whether one or both of them reach old age [while] with you, say not to them [so much as], "uff," and do not repel them but speak to them a noble word."
(Al-Isra': 23)
Allah Subhanahu has compared being good to parents to His worship سبحانه وتعالى in order to show the greatness of this obligation. There are numerous texts regarding the obedience to the parents and their obedience eases the way to Jannah by His permission سبحانه وتعالى.
The Prophet صلى الله عليه وسلم says in the Sahih Hadith; extracted by Muslim by the authority of Abu Huraira (ra), that the Prophet صلى الله عليه وسلم said in the Sahih Hadith:
«رَغِمَ أَنْفُ، ثُمَّ رَغِمَ أَنْفُ، ثُمَّ رَغِمَ أَنْفُ»، قِيلَ: مَنْ؟ يَا رَسُولَ اللهِ قَالَ: «مَنْ أَدْرَكَ أَبَوَيْهِ عِنْدَ الْكِبَرِ، أَحَدَهُمَا أَوْ كِلَيْهِمَا فَلَمْ يَدْخُلِ الْجَنَّةَ»
"Raghima anfu" and "Raghima anfu" and "Raghima anfu" (which literally means his nose is stuck to the sand because of the humiliation and disgrace)" They said: Who, O Messenger of Allah? He صلى الله عليه وسلم said:"The one who witnesses his parents when they become old, either one of them or both and does not enter Jannah." Blessings are to the one who witness his parents when they become old and obeys them and utters words of kindness to them, this will make him enter Jannah. We must pay attention to be good to our parents and be humble towards them and show compassion.
In any case, if someone lapses and "became angry" at his parents as mentioned in the question, then he must repent to Allah and seek the forgiveness of his parents and their pleasure. The hearts of the parents are lenient and merciful; and they forgive the lapses of their children if they ask for their forgiveness.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
21 Shaban 1434 AH
30 June 2013 CE

Q&A: Departure (Al-Ifadah) during Hajj

I stopped on the saying of Allah سبحانه وتعالى in Surah al-Baqarah:
فَإِذَا أَفَضْتُمْ مِنْ عَرَفَاتٍ فَاذْكُرُوا اللَّهَ عِنْدَ الْمَشْعَرِ الْحَرَامِ وَاذْكُرُوهُ كَمَا هَدَاكُمْ وَإِنْ كُنْتُمْ مِنْ قَبْلِهِ لَمِنَ الضَّالِّينَ * ثُمَّ أَفِيضُوا مِنْ حَيْثُ أَفَاضَ النَّاسُ وَاسْتَغْفِرُوا اللَّهَ إِنَّ اللَّهَ غَفُورٌ رَحِيمٌ
"But when you depart from 'Arafat, remember Allah at al-Mash'ar al-Haram. And remember Him, as He has guided you, for indeed, you were before that among those astray. Then depart from the place from where [all] the people depart and ask forgiveness of Allah. Indeed, Allah is Forgiving and Merciful."
(Al-Baqarah, 2:198-199)
The first Ayah:
فَإِذَا أَفَضْتُمْ مِنْ عَرَفَاتٍ فَاذْكُرُوا اللَّهَ عِنْدَ الْمَشْعَرِ الْحَرَامِ
"But when you depart from 'Arafat, remember Allah at al- Mash'ar al-Haram."
(Al-Baqarah, 2:198)
concerns the departure from 'Arafat to al-Mash'ar al-Haram, i.e. Muzdalifa. Whereas the verse after it "ثُمَّ أَفِيضُوا" clarifies that there is another departure from Muzdalifah to Mina, does that mean that there are two departures? One where the pilgrims stand in Arafat and then depart to Muzdalifah, and the second where the pilgrims stand in Muzdalifah and depart to Mina? Knowing that according to our information, the Wuquf (standing) is in 'Arafat and from there is the Ifaadah (departure)...?
Please clarify this matter and Jazak Allahu Khairan.

Answer:
It is one departure, my brother, which is from 'Arafat to Muzdalifah. This is what we call Ifaadah, and to prove this I will explain to you the meanings of the two honorable Ayat:
فَإِذَا أَفَضْتُمْ مِنْ عَرَفَاتٍ
"But when you depart from 'Arafat"
(Al-Baqarah, 2:198)
This has the meaning: If you drive yourselves in masses from 'Arafat. Linguistically it comes from the water that overflows if its post is flowed, so it comes from the "departure" of the water, meaning its pouring in masses.
As for عَرَفَاتٍ 'Arafat, there is no plural of 'Arafat. It is the meaning of the place known during Hajj. It is a noun that stems from a plural, therefore linguistically it does not have singular nor plural which means that there are no fractions of the place that are called عرفة in singular and gathered they are called عرفات in plural. Rather عرفة (singular) and عرفات (plural) carry the same meaning, which is the known place. The التاء (last letter) in the word 'Arafat عرفات is not the letter of femininity, which is why the word can be declined, meaning that it does not prevent declination.
وَإِنْ كُنْتُمْ مِنْ قَبْلِهِ لَمِنَ الضَّالِّينَ
"for indeed, you were before that among those astray."
(Al-Baqarah, 2: 198)
Meaning that before the advent of the Prophet صلى الله عليه وسلم to you with guidance, and the proclamation of the Shar'i provisions for Hajj and others, you were going astray.
الْمَشْعَرِ الْحَرَامِ
"al-Mash'ar al-Haram."
(Al-Baqarah, 2:198)
This is all of Muzdalifah as stated by Ibn 'Umar (ra). Muzdalifah is also called جَمْع"Jam' (group)".
ثُمَّ أَفِيضُوا مِنْ حَيْثُ أَفَاضَ النَّاسُ وَاسْتَغْفِرُوا اللَّهَ إِنَّ اللَّهَ غَفُورٌ رَحِيمٌ
"Then depart from the place from where [all] the people depart and ask forgiveness of Allah. Indeed, Allah is Forgiving and Merciful."
(Al-Baqarah, 2:199)
This addresses the people of Mecca: That your departure shall be like that of all other people, from 'Arafat to Muzdalifah, not beginning from Muzdalifah. Therefore your Wuquf (standing) is in 'Arafat, not in Muzdalifah. Therein lies an invalidation of the tradition of the Quraish from the time of Jahiliyah to perform the Wuquf (standing) in Muzdalifah instead of 'Arafat like the rest of the people. In the time of Jahiliyah the Quraish did not perform the standing in 'Arafat, but they would stand in Muzdalifah because it belongs to the sacred area of al-Haram. They used to say: "We are the custodians of the sacred House of Allah, therefore we do not leave the sacred area." They were called al-Humsa and used to stand in particular in Muzdalifah without the other people. So Allah سبحانه وتعالى ordered the Quraish in this Holy Ayah to depart from 'Arafat just as the people departed without distinguishing and He called them to repent to Allah for their former mistakes, when they performed their Hajj without guidance. And Allah سبحانه وتعالى is forgiving and merciful to His loyal slaves.
Al-Bukhari and Muslim reported, and the report of Bukhari is from Hisham Bin 'Urwa from his father, from Aisha (ra):
كَانَتْ قُرَيْشٌ وَمَنْ دَانَ دِينَهَا يَقِفُونَ بِالْمُزْدَلِفَةِ، وَكَانُوا يُسَمَّوْنَ الحُمْسَ، وَكَانَ سَائِرُ العَرَبِ يَقِفُونَ بِعَرَفَاتٍ، فَلَمَّا جَاءَ الإِسْلاَمُ أَمَرَ اللَّهُ نَبِيَّهُ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَنْ يَأْتِيَ عَرَفَاتٍ، ثُمَّ يَقِفَ بِهَا، ثُمَّ يُفِيضَ مِنْهَا» فَذَلِكَ قَوْلُهُ تَعَالَى: ثُمَّ أَفِيضُوا مِنْ حَيْثُ أَفَاضَ النَّاسُ
"Quraish and those who followed their Deen used to perform their standing (Wuquf) in Muzdalifah, and they were called al-Humsa, and the rest of the Arabs used to stand in 'Arafat. So when Islam came, Allah ordered his Prophet صلى الله عليه وسلم to go to 'Arafat, to then perform his standing there, to then depart from it. For this is the saying of Allah Almighty: "Then depart from the place from where [all] the people depart"
(Al-Baqarah, 2:199)
In this sense comes ثُمَّ "then", to understand the last part of the previous Ayah,
وَتَزَوَّدُوا فَإِنَّ خَيْرَ الزَّادِ التَّقْوَى وَاتَّقُونِ يَا أُولِي الْأَلْبَابِ
"And take provisions, but indeed, the best provision is fear of Allah. And fear Me, O you of understanding."
(Al-Baqarah, 2:197)
Meaning that these verses do not come in chronological order in their meaning, as if the order of their meaning is as follows:
"And take provisions, but indeed, the best provision is fear of Allah. And fear Me, Oh you of understanding. Then depart from where the people depart from 'Arafat and not from Muzdalifah as the Quraish used to do in the time of Jahiliyah. If you depart from 'Arafat, then you have performed the order of Allah سبحانه وتعالى, so go to Muzdalifah and remember Allah at the Mash'ar al-Haram – meaning Muzdalifah – and praise Allah for the guidance he bestowed on you, after you have been from those astray, misguided before that."
It seems that the motivation for the question is that the questioner read that ثم "then" is a conjunction letter, stating the order of the acts, such that what comes after takes a later order from what comes before it, i.e. chronologically. Based on this he understood the meaning of the two Ayaat as follows:
He understood from the previous Ayah.
فَإِذَا أَفَضْتُمْ مِنْ عَرَفَاتٍ فَاذْكُرُوا اللَّهَ عِنْدَ الْمَشْعَرِ الْحَرَامِ
"But when you depart from 'Arafat, remember Allah at al- Mash'ar al-Haram."
(Al-Baqarah, 2:198)
that it pertains to Muzdalifah, such that the pilgrims have already reached Muzdalifah.
And he understood from the second Ayah,
ثُمَّ أَفِيضُوا مِنْ حَيْثُ أَفَاضَ النَّاسُ
"Then depart from the place from where [all] the people depart and ask forgiveness of Allah. Indeed, Allah is Forgiving and Merciful."
(Al-Baqarah, 2:199)
with his assumption of the meaning of ثم "then" to be: You have reached Muzdalifah and after your remembrance of Allah and the Fajr prayer, push along to Mina, such that the meaning is in line with what he understood from
ثُمَّ أَفِيضُوا مِنْ حَيْثُ أَفَاضَ النَّاسُ
"Then depart from the place from where [all] the people depart and ask forgiveness of Allah. Indeed, Allah is Forgiving and Merciful."
(Al-Baqarah, 2:199)
Which is: Depart from Muzdalifah to Mina. It seems that this is the reason for his question.
This is not the case, as is clarified from two perspectives:
The first perspective: What Bukhari and Muslim reported around the revelation of this Ayah
ثُمَّ أَفِيضُوا مِنْ حَيْثُ أَفَاضَ النَّاسُ
"Then depart from the place from where [all] the people depart and ask forgiveness of Allah. Indeed, Allah is Forgiving and Merciful."
(Al-Baqarah, 2:199)
meaning: Depart from 'Arafat, not from Muzdalifah. Allah has obliged every pilgrim to depart from 'Arafat, also the Quraish.
The second perspective: The particle ثم "then" usually indicates chronological order, such that what comes after it takes place after what came before it, from a timely perspective. But this is not its only meaning, it is used in other cases as well. It can also be used to indicate that what comes after it from a timely perspective took place before what came before it. But this then needs an indication and highlighting of the purpose. The Arabs say: "I liked what I did today, then ثم what I did yesterday I liked even better." Here it is a conjunction, connecting "what he did yesterday" with "what he did today", therefore connecting the later with the earlier without relating the order between them. This is an exception from its more widely known meaning that the later took place after the former with chronology between them. Therefore we have said that its usage apart from its usual meaning needs an indication. The purpose of this irregular usage is to emphasize an important matter that requires concentration, because an exceptional usage in the Arabic language always has a reason.
Upon the study of the aforementioned Arabic proverb, we find that the indication of the order of what stands after ثم "then" taking place before what stands after it, is the explicit usage of the word "yesterday" after "then" and the usage of "today" before "then." The matter to be highlighted in their saying is the reduction of the value of what was made today. The explicit meaning of the speech is praising what was made yesterday and its true meaning is the dispraise of the actor's abilities ... Instead of progress in his work to the front, he weakened from before, such that today's work was weaker than yesterday's work.
In the Holy Ayah, the indication is the reason of revelation as reported by al-Bukhari and Muslim.
The purpose to be highlighted is the invalidation of the tradition of the Quraish to stand in Muzdalifah and not to perform their standing in 'Arafat. Meaning that after Allah سبحانه وتعالى mentioned their departure from 'Arafat to Muzdalifah in the previous verse, He reminded them that this departure from 'Arafat to Muzdalifah is obligatory upon Quraish just as all other people.
I hope that the matter was clarified. The departure is from 'Arafat, and the following Ayah:
ثُمَّ أَفِيضُوا
"Then depart..."
(Al-Baqarah, 2:199)
in its meaning stands before:
فَإِذَا أَفَضْتُمْ مِنْ عَرَفَاتٍ
"But when you depart from 'Arafat..."
(Al-Baqarah, 2:199)
Pre-drawing (Proceeding) and delay in the language of the Arabs are for a purpose, and the purpose here is to remove the distinction of the Quraish from the rest of the people, as was done in the time of Jahiliyah.
17th Dhul Qi'ddah 1434 AH
22/09/2013 CE