Saturday, October 24, 2015

Video: Forced to Flee – The Islamic Solution to Refugee Crises

Video by Hizb ut-Tahrir in America.

Images of waves lapping over the drowned corpse of the young Syrian child Aylan Kurdi has again focused the media’s attention on the Muslim Refugee Crisis. Unfortunately, we Muslims are all too familiar with the Muslim Refugee narrative which extends beyond the current Syrian crisis to all parts of the Muslim world throughout current history. Let’s examine what efforts we as Muslims can take to insha’Allah fulfill our responsibility as an Ummah.

-The Reality of the Global Muslim Refuge Crisis.
-What is the Cause.
-What Is the definitive Islamic Solution and our responsibilities as Muslims.

Q&A: Bridegroom Entering the Women’s Wedding Hall

Question by Sameh Rayhan Abu Myassara
Assalamu Alaikum wa Rahmatullah wa Barakatuh, is there something forbidden about the bridegroom informing the women that he will enter to see his bride in the wedding, so all the women sit down and cover themselves and only his female Maharem will stay around him in order to congratulate him, whilst the foreign women have covered up and sat in their seats and no mixing has occurred between them and the bridegroom when he entered the function hall? May Allah bless you all.

Question by Khilafah wa’ad Allah,
Is it allowed for the bridegroom to sit next to his bride in order to adorn her with jewelry knowing that all of the women are covered and the majority of them are from the Maharem and then he leaves?

Question by Sofyan Qasrawi
Assalamu Alaikum wa Rahmatullah wa Barakatuh, our esteemed Sheikh I have a question which is: If the wedding time for the Maharem is set and another time is set for the non-Maharem, is it allowed for the bridegroom to enter the function hall when it is time for the Maharem only?
Wa Alaikum Assalam wa Rahamatullah wa Barakatuh,
Your three questions are of the same topic, and so we shall answer them collectively, bi’ithnAllah.
We have previously responded on the 6th of Jumada ath-Thani, 1424 AH, corresponding with 08/08/2003 CE, to the topic of mixing in wedding function halls via a detailed response, and the following was mentioned in it:
“- Mixing between the men and women is forbidden, and there is an abundance of evidence for that, and the life of Muslims in the period of Messenger of Allah ﷺ, and the companions who came after him ﷺ, have been witness to that. Mixing is not permitted except what is necessitated by the Shariah as stated in the text of the Book of Allah or the Sunnah of His Messenger, such as buying and selling, ties of kinship … etc.
The text does not mention the permissibility of men and women in the function halls (weddings), rather it is mentioned in the time of the Messenger of Allah ﷺ and his companions that the women would be with the bride all together alone, and the men alone. In this way, mixing in the function halls is forbidden, without any exceptions, and what has been mentioned in weddings is that in the proceeding of the bride to the house of her husband, it is allowed that she is taken by men and women to her husband’s house, then the men separate from the women…
Upon that, the existence of men and women in function halls without separation; meaning one hall and not two halls, is forbidden (haram). Also, if the awrahs are exposed, as it is common these days, then the haram is even worse. Moreover, having the bridegroom sitting next to his bride surrounded with women, Maharem and non-Maharem, is forbidden (haram), especially when they expose their awrah, as it is common these days for the women around the bride…
As for saying that this affliction being widespread does not make the Haram a Halal, and it is a saying repeated by the person contradicting the Shariah. There are also Hadiths which commend the people who clenched onto their Deen as those who clench onto a hot coal due to the intensity of the affliction as the Muslim is when he clings to his Islam.
The Prophet of Allah ﷺ says: «يَأْتِي عَلَى النَّاسِ زَمَانٌ الصَّابِرُ فِيهِمْ عَلَى دِينِهِ كَالْقَابِضِ عَلَى الْجَمْرِ».”  “A time will come upon the people where the patient among them on his Deen is similar to that who clenches his fist on a hot coal…”
According to that, having the bridegroom sitting with his bride in a function hall mixed with men and women is forbidden (haram), as well as the bridegroom sitting with his bride in a function hall for the women with the women around them, Maharem and non-Maharem, is forbidden (haram), so if this included the uncovering of the women’s awrah and being in a state of tabarruj, it is haram more and more…
However, if the function hall has only his Maharem, then he is allowed to enter the hall and sit with his bride and with them and adorn her in jewelry and then leave, and then afterwards the other women may enter.
In conclusion:
  1. Mixing between men and women in the wedding function halls is not allowed whether the awrah are uncovered or not, and if the forbidden awrah are uncovered then the haram is even worse.
  2. The bridegroom is not allowed to enter the function hall of the women in order to sit with his bride as long as the women foreign to him are in the hall, even if he informs the women to cover themselves before he enters, and they don’t come near the bridegroom except for his Maharem… as long as the foreign women are in the function hall and in their seats watching him; meaning in the hall, it is not allowed.
  3. It is allowed for the bridegroom to enter and sit with his bride in the function hall if a certain time for only the Maharem has been allocated, by which no one else other than the Maharem are in the hall throughout his entrance and his sitting with his bride, then the bridegroom leaves afterwards and the rest of the women enter after he leaves.

Your brother,
Ata Bin Khalil Abu Al-Rashtah
07 Muharram 1437 AH
20/10/2015 CE
The link to the answer from the Ameer’s Facebook page:

Speech Delivered at Hizb ut Tahrir Wilayah Lebanon’s Demonstration on Ash-Sham

الَّذِينَ قَالَ لَهُمُ النَّاسُ إِنَّ النَّاسَ قَدْ جَمَعُوا لَكُمْ فَاخْشَوْهُمْ فَزَادَهُمْ إِيمَانًا وَقَالُوا حَسْبُنَا اللَّـهُ وَنِعْمَ الْوَكِيلُ فَانقَلَبُوا بِنِعْمَةٍ مِّنَ اللَّـهِ وَفَضْلٍ لَّمْ يَمْسَسْهُمْ سُوءٌ وَاتَّبَعُوا رِضْوَانَ اللَّـهِ وَاللَّـهُ ذُو فَضْلٍ عَظِيمٍ  إِنَّمَا ذَٰلِكُمُ الشَّيْطَانُ يُخَوِّفُ أَوْلِيَاءَهُ فَلَا تَخَافُوهُمْ وَخَافُونِ إِن كُنتُم مُّؤْمِنِينَ
“Those to whom hypocrites said, “Indeed, the people have gathered against you, so fear them.” But it [merely] increased them in faith, and they said, “Sufficient for us is Allah, and [He is] the best Disposer of affairs.” So they returned with favour from Allah and bounty, no harm having touched them. And they pursued the pleasure of Allah, and Allah is the possessor of great bounty. That is only Satan who frightens [you] of his supporters. So fear them not, but fear Me, if you are [indeed] believers”
(Aali ‘Imraan: 173-175)
Here are the evil forces of the entire world gathered upon the revolution of the people of Syria and Palestine, and the Blessed Revolution of Ash-Sham: America, Europe, Russia, China, and Safavid Iran and its mercenaries from non-Arabs, Arabs, and the Jewish State… A coalition that joined all the depraved ones on earth in confronting one place from the many places of the best Ummah that came for the people, in the land of Ash-Sham, the birthplace of Islam, until its land became crammed with their armies, its sea with their battleships, and its sky with their planes… to fight who?! To fight the Mujahideen who have no state, no planes, no tanks, no rockets, and no staff!!!
The fighting started around five years ago by the hands of thugs from the worshipers of Bashar and the deceased Hafiz; may curses and anger of Allah سبحانه وتعالى befall upon them, with the green light and support of the whole world, headed by America, the caller to Democracy and Human Rights.
The non-believer tyrant almost fell, so the Head of Evil, America, instructed its supporters in Iran to help your ally before it’s too late. So, the Safavid grandchildren returned to their former state, and turned the East and the West against the Ummah of Islam, and Iran and its resistance party in Lebanon infiltrated slogans of resistance, Jihad, and supporting the weak, though showing its true ugly face, and showed its fangs in readiness to shed the blood of the Muslims and retrieving the glory of the Persians and Sasanians.
Then, it was supported by its guardian America by bombing humans, trees, and stones via the most high-tech planes and missiles on earth, and it dragged behind it a throng from the worshipers of thrones and positions, and it has Europe flattering it and begging a share from it  in order to kill the Muslims and support the tyrant Bashar.
They have all failed to make the people of Ash-Sham bow down, and so they brought the miserable Russian bear. By that, Russia forgot about its atheism, had its churches packed, and made its war sacred on the vulnerable of the people of Ash-Sham, seeking its revenge upon them from the armies of the Khilafah which put its nose to the ground hundreds of years ago. Also, it joined its hatred to the hatred of the Jewish entity and established a common operations room with them on the land of Ash-Sham in the dungeons of the Bashar’s thugs.
Afterwards, it followed them to China, and it emerged from its isolation to take part with the massacring of the weak men, women and children who say: “O Lord, make for us from You a protector, and make for us from You a supporter.”
Then the Jewish entity followed with the campaign against the people of Ash-Sham, and intensified their war, so they violated the Quds of Ash-Sham the Masjid Al Aqsa, and they tried to divide it in preparation to seize it. They killed women, elderly, and youth in the Masjid, and declared war against every person stationed in Al Aqsa, and labelled every stationed one (Murabit) as outlaws even those who didn’t carry a knife. All this and the imposters of the resistance and the kings of the Arabs and the Turks are silent just like wooden canes, and they are not even slightly moved by the blood of the people of Palestine or by the violation of Masjid Al Aqsa. Rather, the imposter so-called resistance has struck an alliance with the Jewish state via their connection with the Russian ally.
Likewise, the Arab rulers have been fed the milk of humiliation and servitude to the West for a century. They let down the people of Palestine and side with the Jewish entity against them, and they plot to nip the Revolution of Ash-Sham in its cradle fearful of its fire from reaching their decrepit thrones, utterly destroying them, and levelling them down to the ground.
Splendid and Glorious are you O people of Ash-Sham! The battle of the global gathering has assembled against you for the past five years and you remain steadfast! You are lining the pages of history to the world today and tomorrow’s history lessons in glory, heroism, and dignity which will never ever be forgotten with the passing of time. Blessed are you, O people of Ash-Sham, your honor is envied by the nations of earth, an envy that pushed them to kill you and annihilate your heart’s strength. However, they are exasperated and disappointed, as you are the ones who will pull out their roots, eradicate their prosperity, and fracture their fontanels. While they are fighting you, they are also fighting Allah سبحانه وتعالى, His Prophet ﷺ, and the believers, and whoever declared war against Allah سبحانه وتعالى will definitely be defeated miserably. Whoever supports Allah’s cause; Allah سبحانه وتعالى will help him, keep him steadfast, and made him empowered on earth.
O Sons of the Revolution of Ash-Sham:
Those despicable people have surrounded you and struck you from every angle and corner; it is to seek revenge against you since you proclaimed from the first day: “It is for Allah, it is for Allah” and “Our leader forever is our Prophet Mohammad” ﷺ. You have not raised any slogan or banner for them, but rather you raised the banners of Islam and loyalty to Allah سبحانه وتعالى, His Prophet ﷺ, and the believers, so they announced their war against you and by that a war against Allah سبحانه وتعالى. So, if you have asked from Allah سبحانه وتعالى immediate support, have your loyalty sincere to Him سبحانه وتعالى, direct your faces towards Him سبحانه وتعالى, and do not take another to Him سبحانه وتعالى a support from the Arab and Turkish rulers who have let you down and exposed you to the enemies. Place before your eyes what Allah سبحانه وتعالى says:
إِنْ يَنْصُرْكُمُ اللَّهُ فَلَا غَالِبَ لَكُمْ وَإِنْ يَخْذُلْكُمْ فَمَنْ ذَا الَّذِي يَنْصُرُكُمْ مِنْ بَعْدِهِ وَعَلَى اللَّهِ فَلْيَتَوَكَّلِ الْمُؤْمِنُونَ
“If Allah helps you, none can overcome you; and if He forsakes you, who is there after Him that can help you? And in Allah (Alone) let believers put their trust.”
(Al-i-Imran: 160)
Also, do not forget what the Almighty says:
إِنَّ اللَّهَ يُحِبُّ الَّذِينَ يُقَاتِلُونَ فِي سَبِيلِهِ صَفًّا كَأَنَّهُمْ بُنْيَانٌ مَرْصُوصٌ
“Verily, Allah loves those who fight in His Cause in rows (ranks) as if they were a solid structure.”
(As-Saff: 4)
Allah سبحانه وتعالى also says:
وَأَطِيعُوا اللَّهَ وَرَسُولَهُ وَلَا تَنَازَعُوا فَتَفْشَلُوا وَتَذْهَبَ رِيحُكُمْ وَاصْبِرُوا
“And obey Allah and His Messenger, and do not dispute (with one another) lest you lose courage and your strength depart, and be patient. Surely, Allah is with those who are As-Sabirin (the patient ones, etc.).”
(Al-Anfal: 46)
So, gather your ranks and unify them, cut the ropes extended to you by the hypocritical rulers who are plotting against you, and remember that your grand victories are that which you have achieved by relying on Allah سبحانه وتعالى and gathering for that cause.
As for you, O Muslims in Lebanon:
Don’t you ever believe the lie of loyalty to the Lebanese nation, as your loyalty which you have been ordered to have is loyalty to Allah سبحانه وتعالى, His Prophet ﷺ, and the believers. Don’t you ever fall for the conspiracy that is plotting to separate you from your Ummah in Ash-Sham and rest of the world. They want for you to be docile slaves in the entity of the Coalition of the minorities who want to extend it across the Ash-Sham coast. They work on taming you in order to become sheep, which will be slaughtered if they become fat. Beware of failing your brethren in Syria, because if you did then by Allah سبحانه وتعالى you have let yourself down, as they are your desired hope and your promised future.
As for you, O Christian neighbours in Lebanon, the rest of Ash-Sham, and its surroundings:
The coalition of the despicable ones has plotted against you to be their cheap fuel in their wars against the Muslim Ummah. So, don’t you ever be driven behind their deception. We have lived alongside one another for hundreds of years, we had the authority and the power throughout that period, we have preserved your blood, your dignity, your money, your churches, and your crosses, and we were the best in fulfilling our protection for you. We fought the European Crusades for hundreds of years, they shed our blood on the land of Ash-Sham, but we did not seek revenge from you nor from your crosses, and we stayed on our covenant with you, as your ancestors kept on their covenant and fought the Crusades alongside us. The Sultan will return and so as empowerment by the help from Allah سبحانه وتعالى, and the round of the despicable ones will not go far any longer, so walk upon the path of your ancestors in being loyal to our ancestors. Beware of falling in the traps of the Western colonial countries and the racist regional forces.
We together are awaiting something really soon in Allah’s Will سبحانه وتعالى, in a promising future which will restore the history of the pioneers, under the shade of the Khilafah upon the method of Prophethood and the Rashideen, where the justice of Islam will include everyone, Muslims and non-Muslims, as with the Deen of Allah سبحانه وتعالى and His Mercy, we will be the merciful opening victors.

Media Office of Hizb ut Tahrir in Wilayah Lebanon
Friday 3 Muharram 1437 AH
16/10/2015 CE
No: H.T.L 01/37

Q&A: Is it Permissible for a Menstruating Woman to Read Qur’an from the Internet or a Mobile Phone?

Assalaamu Alaikum Wa Rahmatullah Wa Barakatuhu,
I would like to inquire about the Shariah rule because I am confused…  Is it permissible for the menstruating woman to read Quran from the internet or a mobile phone? I would like an answer. Wa Salaamu Alaikum Wa Rahmatullah
From  Raheeq Em Yousif

Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu,
To answer the question three points must be made clear:
Reciting of the Quran orally i.e. not from the Mushaf, the touching of the Mushaf and reading Quran from it, and the carrying of laptops or mobile phones that contain Quran application and reading from it.
1 As for the rule of reciting Quran orally by the menstruating woman, it is an issue of dispute between scholars, some say it is forbidden while others allow it, and my outweighed opinion on the issue is that the oral recitation of the Quran by the menstruating woman is forbidden. Extracted by Al-Hakim in Al-Mustadrak on the authority of Sulaiman Bin Harb, and Hafs Bin Amr Bin Mara, from Abdullah Bin Salama, he said: We came to Ali (ra), myself and two other men, Ali (ra ) said:«كَانَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَقْضِي الْحَاجَةَ، وَيَقْرَأُ الْقُرْآنَ، وَيَأْكُلُ اللَّحْمَ، وَلَمْ يَكُنْ يَحْجُبُهُ عَنْ قِرَاءَتِهِ شَيْءٌ لَيْسَ الْجَنَابَةُ» “The Messenger of Allah  used to answer the call of nature, and recite Quran, and eat meat, and nothing stopped him from reciting it except the state of impurity (Janaba)”. Al-Hakim said this Hadith is of Sahih isnad (transmission), and it is authenticated by Adh-Dhahabi. What is clear from the Hadith of the Prophet ﷺ, that he ﷺ used to recite Quran orally except when he was in a state of impurity; which means that it is forbidden for the impure person to recite Quran, and what applies to the impure person applies to the menstruating woman in terms of recitation of the Quran.
So my preponderant opinion is that the menstruating woman not to recite the Quran.
2- As for touching the Mushaf (Book) by the impure person and the menstruating woman is not permitted, it is Haram due to the saying of Allah سبحانه وتعالى: ﴿لَا يَمَسُّهُ إِلَّا الْمُطَهَّرُونَ﴾ “None touch it except the purified” [Al-Waqi’a: 79].
And due to the noble Hadith on the authority of Imam Malik in AlMuwatta from Abdullah Bin Abi Bakr Bin Hazm, that in the message written by the Messenger ﷺ to Amr Bin Hazm: «أَنْ لَا يَمَسَّ الْقُرْآنَ إِلَّا طَاهِرٌ» “That only the purified person may touch the Quran”.
In another narration by Malik in Al-Muwatta, by the full name of Abdullah, as the following: (from Abdullah Bin Abi Bakr Bin Muhammad Bin Amr Bin Hazm), and by the authority of At-Tabarani in Al-Kabeer and As-Sagheer from Salim Bin Abdullah Bin Omar by the version: “from Sulaiman Bin Musa, I heard Salim Bin Abdullah Bin Omar narrating from his father, he said: The Prophet ﷺ said: «لَا يَمَسُّ الْقُرْآنَ إِلَّا طَاهِرٌ» “Only the purified person touches the Quran””.
Therefore it is preponderant that it is forbidden for the menstruating woman to touch the Quran and recites from it.
3– As for carrying the laptop or mobile phone which contains a Quran Application, the scholars have already discussed this issue that I like to start with, which is carrying of the Mushaf (Book) in a box or pouch; they have different opinions on it:
“The Hanafi and Hanbali schools follow the opinion that allows the impure or the one without Wudu to carry the Mushaf via a strap, or via a medium that is not attached to it, because the person will not be touching it, so he will be allowed to carry it similar to carrying the Mushaf among his luggage. This is because what is forbidden here is touching of the Mushaf, and in this case there is no touching. The Hanafi school of thought (madh’hab) says: If he carries it with a cover that is not sewed to it or it is inside a pouch, or the like, then it is not disliked to do so. The Maliki and Shafi’i school and from a narration from Ahmad, they all follow that this is not permitted, the Maliki school says: only the purified carries it even if it was on a pillow or similar, like the Mus’haf’s stand, or by an attached or unattached cover. And so said the Shafi’i school, what is correctly known of them: It is not permitted to carry or touch the pouch or box that contains the Mus’haf i.e. if they were prepared for the purpose of carrying the Mus’haf i.e. one is not allowed to touch or carry a box for the purpose of carrying the luggage which includes the Mus’haf.”
It is clear that there is a fiqhi difference of opinion in this issue, what I outweigh is that it is permitted to carry a mobile phone without the state of purity even if it contains Quran application program because it does not take the rule of the Mus’haf. The reality of the program stored in the mobile phone memory is not like the writing, and the mobile phone contains many programs as well as the Quran and it is used in many things other than reading the Quran and does not take the rule of the Mus’haf, with the exception of two cases:
First: when the Quran program is opened and the emergence of the Quranic text on the screen of the device:
In this case, the written text takes the rule of the Mus’haf because it is a written text, and  touching the screen with the written text  is forbidden except for the purified, because it serves as the writing on the paper, sheets and leather, which the Quran is written on, and therefore if the mobile phone holder wanted to read the Quran on it by opening the screen, is not permissible for him, except in a purified state. This is also the case if the the screen is open to the Quranic text it must not be carried except in a purified state.
If the mobile phone is not open to the Quranic text:
In this case it may be carried by the impure person even if the Quran program is within the stored programs, because understanding the reality (manat) of the mobile phone, if the Quranic text is not on the screen, then this reality differs from the reality of the Mushaf.
Second: The mobile phone does not contain except the Quran program, where it appears on the screen for reading, in other words that the phone is only used to read the Quran and it has no other programs. In this case, the impure person is not permitted to carry it.
This is what I outweigh on the issue, Allah Knows best He is Most Wise.
Wassalaam Alaikum wa Rahmatullah wa Barakatuhu
Your brother,
Ata Bin Khalil Abu Al-Rashtah
17 Dhul Hijja 1434 AH
1/10/ 2013 CE
The link to the answer from the Ameer’s Facebook page:

Q&A: The Wrong Judgment in “Khilaf Al Awla”

As-Salaam Alaikum
Is the Prophet’s ﷺ wrongful judgment over what constitutes priorities in small matters (Khilaf Al Awla) considered as Ijtihad or is it another matter? Please clarify this.
May Allah bless you and guide you in the straight path granting you victory.
From Numan Abo Ali

Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu
You may be referring to what is mentioned in the book al-Shakhsiyya al-Islamiyya Vol.1.  that ‘It is not proper to describe the Messenger ﷺ as a Mujtahid but it is allowed for him to make a wrongful judgment over what constitutes priorities in small matters (khilaf  Al Awla)’, and this is what prompted you to ask about the difference between Ijtihad and Khilaf Al Awla.
To answer this, it is vital to know the reality of Ijtihad and the reality of Khilaf Al Awla.
Linguistically, ijtihad it means “exerting utmost effort” (istifragh al-wus`i) to realise and obtain something leading to inconvenience (kulfah) and hardship (mashaqqa).
Technically (among Usul scholars), it means: expending one’s utmost effort in seeking the opinion in something related to the Islamic rulings (al-ahkam al-shar`iyyah) such that one feels unable to exert any further
This means that the Islamic ruling (Hukum Shar’i) of a matter is not known to the Mujtahid, he must perform Ijtihad to find the Islamic ruling on the matter, so he exerts effort to understand the reality of the issue and search for the relevant Shariah evidences to it, and exerts utmost effort to study them and he adopts the opinion that has the least amount of doubt as the Hukum Shar’i on the issue.
According to this understanding of Ijtihad, it is therefore improper to describe the Prophet ﷺ as a Mujtahid. This is because the verses explain clearly that all what is conveyed by the Prophet ﷺ is Divine Revelation (Wahi):
قُلْ إِنَّمَا أُنْذِرُكُمْ بِالْوَحْيِ
“Say, “I only warn you by revelation.” But the deaf do not hear the call when they are warned”
(Al-Anbiya: 45)
إنْ أَتَّبِعُ إِلَّا مَا يُوحَى إِلَيَّ
“I only follow that which is revealed to me”
(Al-Ahqaf: 9)
وَمَا يَنْطِقُ عَنِ الْهَوَى * إِنْ هُوَ إِلَّا وَحْيٌ يُوحَى
“Nor does he speak from [his own] inclination. It is not but a revelation revealed”
(An-Najm: 3-4)
This means that the Prophet ﷺ conveys the Islamic rules from Divine Revelation (Wahi) and not from his own Ijtihad (opinion)
Also the Mujtahid is subject to making mistakes, if his opinion is correct he will get double the reward, but if it was incorrect, he only gets one reward. This is what was narrated in the Hadeeth of the Prophet ﷺ
«إِذَا حَكَمَ الْحَاكِمُ فَاجْتَهَدَ ثُمَّ أَصَابَ، فَلَهُ أَجْرَانِ، وَإِذَا حَكَمَ فَاجْتَهَدَ ثُمَّ أَخْطَأَ، فَلَهُ أَجْرٌ»
“If the judge make ijtihad and is correct, he gets double the reward, and if he makes Ijtihad and makes a mistake, he gets a single reward.” [Bukhari and Muslim]
The Prophet ﷺ is innocent, protected and free from error (Ma’soom) in the Shar’iah, therefore it is completely improper to describe the Prophet ﷺ as a Mujtahid. This is because in Ijtihad there is the possibility for the Mujtahid to be right or wrong, while all the rules conveyed by the Prophet ﷺ in his speech, actions, and silence is a revelation from Allah سبحانه وتعالى, and nothing else.
Also the Prophet ﷺ used to wait for Revelation of many rulings (Ahkam), when he was in urgent need to know the rule of Allah. If he was permitted to perform Ijtihad he would have done so instead of having to delay in giving the rules; since he delayed conveying the rules until the descent of the revelation, it means that he did not perform Ijtihad. And it is evident that it is prohibited for him to perform Ijtihad, because otherwise he would not have delayed conveying the rules when he needed to do so.
Hence whatever was conveyed by the Prophet ﷺ is by Divine Revelation and not from his own Ijtihad.
As for Khilaf Al Awla (to make a wrongful judgment over what constitutes priorities in small matters), it means that the Shariah ruling is already known but came as Mubah (permitted) actions, but some of these actions takes precedence over the others, or that the Islamic rule came as Mandoub (recommended) on actions but some of these actions takes precedence over the others.
It is Mubah (permitted) for someone to live in a city or a village, but for the person who is concerned with ruling matters and accounting of the rulers, living in the city should take precedence, and if he decides to live in the village he would have committed Khilaf Al Awal (to make a wrongful judgment over what constitutes priorities in small matters)
And to give Sadaqa in secret and openly is a recommended (Mandoub) matter, but to give in secret takes precedence, so if the person decides to give it openly he would have committed Khilaf Al Awal (to make a wrongful judgment over what constitutes priorities in small matters).
According to this meaning of Khilaf Al Awal, the Prophet ﷺ can carry out actions which are Khilaf Al Awal. And He ﷺ did so and Allah سبحانه وتعالى admonished him for it in His سبحانه وتعالى saying:
عَفَا اللَّهُ عَنْكَ لِمَ أَذِنْتَ لَهُمْ حَتَّى يَتَبَيَّنَ لَكَ الَّذِينَ صَدَقُوا وَتَعْلَمَ الْكَاذِبِينَ
“May Allah pardon you, [O Muhammad]; why did you give them permission [to remain behind]? [You should not have] until it was evident to you who were truthful and you knew [who were] the liars”
(At-Tawba: 43)
It does not indicate the performance of Ijtihad, because the law (Hukm) that permitted the Prophet ﷺ to give permission to whom ever he wishes came in a previous verse before this verse. The Almighty says in Surah An-Nur:
فَإِذَا اسْتَأْذَنُوكَ لِبَعْضِ شَأْنِهِمْ فَأْذَنْ لِمَنْ شِئْتَ مِنْهُمْ
So when they ask your permission for something of their affairs, then give permission to whom you will among them”
(An-Nur: 62)
This Surah was revealed after Surah Al Hashr during the Battle of the Trench (al-Khandaq) and the verse عَفَا اللَّهُ عَنْكَ “May Allah pardon you, [O Muhammad]” that came in Surah At-Tawba, and was revealed regarding the Battle of Tabouk in the ninth year of Hijra, so the rule was known and the verse in Surah An-Nur is explicit pointing to the Prophet ﷺ was allowed to give them permission.
However in that event in which the verse of Surah at-Tawba was revealed which was the Battle of Tabouk and preparing the army of ‘Usra the priority was for the Prophet ﷺ not to give permission for the hypocrites to stay behind. When he ﷺ gave them permission in that event specifically, Allah سبحانه وتعالى admonished him ﷺ for it, i.e. He سبحانه وتعالى admonished him for  making a wrongful judgment over what constitutes priorities in small matters (Khilaf Al Awal). The verse is not a correction for his ﷺ Ijtihad, and it is not a legislation of a rule that contradicts a rule deduced by Ijtihad of the Prophet ﷺ in the same event, but it was an admonishment for Khilaf Al Awal (making  a wrongful judgment over what constitutes priorities in small matters).
Subsequently, it is improper to describe the Prophet ﷺ as a Mujtahid, but he only conveys the revelation to him ﷺ from Allah سبحانه وتعالى; this Revelation is either by speech or meaning which is the noble Qur’an, whereas by meaning only which is expressed by the Prophet’s own speech, or his silence indicating the rule, or by his ﷺ action, and that constitutes the Sunnah.
And so this demonstrates the difference between Ijtihad and Khilaf Al Awla, and that it is not permitted to describe the Prophet ﷺ as a Mujtahid because he is Ma’soom from error, but he can fall into committing Khilaf Al Awla, because doing Khilaf Al Awla is not a mistake.

Your brother,
Ata Bin Khalil Abu Al-Rashtah
26 Dhul Hijjah 1436 AH
10/10/2015 CE
The link to the answer from the Ameer’s Facebook page:

Q&A: What is Bid’a and what is its Punishment?

Assalaamu Alaikum Wa Rahmatullah Wa Barakaatuhu,
I request from the Ameer to answer my question as it is very important. What is Bid’a and what is its punishment? And what is the difference between Bid’a and “one who initiates a good practice”? And is the inaction of the Prophet ﷺ in a matter considered as a Shariah evidence that is valid and can be referred to? We regularly discuss with some groups and they describe some matters as Bid’ah which are not performed by the Prophet ﷺ. This question is very important, Barak Allah in you. Please clarify this and provide examples in the answer to help us in getting a better understanding.
From Radwan Yusuf

Wa Alaikum Assalaam Wa Rahmatullah Wa Barakaatuhu,
We previously issued an answer to the question regarding the subject of Bid’a on 18/9/2009, and we published an answer to a question of one of the brothers on Facebook regarding Bid’a on 6/6/2015 that you can refer to, but I will summarize for you that is sufficient to answer your question Inshallah:
  • Bid’a is the violation of an order of the Legislator which its performance has been specified, this meaning is the same as what came in the Hadith
«وَمَنْ عَمِلَ عَمَلًا لَيْسَ عَلَيْهِ أَمْرُنَا فَهُوَ رَدٌّ»
“Whoever does an action which is not according to what I instructed, it will be rejected.” [Bukhari and Muslim]
Thus if the Prophet ﷺ does an action that explains how a matter should be performed according to the Book and Sunnah, and then you perform this matter in contradiction to the method explained by the Prophet ﷺ, then you would have committed a Bid’a and it is Dhala (an astray action) which carries a grave sin.
For example: Allah سبحانه وتعالى says: ﴿وَأَقِيمُوا الصَّلَاةَ﴾ “And establish prayer” [Al-Baqara: 43] Which is in the form of an order, but He سبحانه وتعالى did not leave it up to man to pray however he wants, but the  Prophet ﷺ explained the method of its performance through his actions of Ihram, qiyyam, recitation, ruku’, and sujood.
Abu Daoud extracted from Ali Bin Yahya Bin Khalad from his uncle:
«فَقَالَ النَّبِيُّ  إِنَّهُ لَا تَتِمُّ صَلَاةٌ لِأَحَدٍ مِنَ النَّاسِ حَتَّى يَتَوَضَّأَ، فَيَضَعَ الْوُضُوءَ – يَعْنِي مَوَاضِعَهُ – ثُمَّ يُكَبِّرُ، وَيَحْمَدُ اللَّهَ جَلَّ وَعَزَّ، وَيُثْنِي عَلَيْهِ، وَيَقْرَأُ بِمَا تَيَسَّرَ مِنَ الْقُرْآنِ، ثُمَّ يَقُولُ: اللَّهُ أَكْبَرُ، ثُمَّ يَرْكَعُ حَتَّى تَطْمَئِنَّ مَفَاصِلُهُ، ثُمَّ يَقُولُ: سَمِعَ اللَّهُ لِمَنْ حَمِدَهُ حَتَّى يَسْتَوِيَ قَائِمًا، ثُمَّ يَقُولُ: اللَّهُ أَكْبَرُ، ثُمَّ يَسْجُدُ حَتَّى تَطْمَئِنَّ مَفَاصِلُهُ، ثُمَّ يَقُولُ: اللَّهُ أَكْبَرُ، وَيَرْفَعُ رَأْسَهُ حَتَّى يَسْتَوِيَ قَاعِدًا، ثُمَّ يَقُولُ: اللَّهُ أَكْبَرُ، ثُمَّ يَسْجُدُ حَتَّى تَطْمَئِنَّ مَفَاصِلُهُ، ثُمَّ يَرْفَعُ رَأْسَهُ فَيُكَبِّرُ»
“The Prophet  said that the salah (prayer) of person is not complete until he performs wudu- fulfilling all its aspects- then he should do Takbeer, and praise Allah Azza Wa Jal, and commend Him, and then recites from what he knows of the Quran, then he must say: Allahu Akabar, then he must do ruku’ until his joints are stable, then he must say: Sami’a Allahu Liman Hamida, and then go back to the upright position, then say: Allahu Akbar, then he go onto sujood until his joints are stable, then he says Allahu Akbar and raises his head and sits up, then says: Allahu Akbar, then he does sujood until his joints are stable, then he raises his head and do Takbeer”.
The one who contradicts this method would have performed a Bid’a; if someone performs three Sajda instead of two, he would have performed a Bid’ah which is a Dhala.
For example Allah سبحانه وتعالى said:
﴿وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ
“And [due] to Allah from the people is a pilgrimage to the House “[Al-i-Imran: 97]
This is the order to perform Hajj “informing of the meaning of the request”, and again the Prophet ﷺ explained the method of performance of Hajj…
Extracted by Bukhari from Az-Zahri:
«أَنَّ رَسُولَ اللَّهِ  كَانَ إِذَا رَمَى الجَمْرَةَ الَّتِي تَلِي مَسْجِدَ مِنًى يَرْمِيهَا بِسَبْعِ حَصَيَاتٍ، يُكَبِّرُ كُلَّمَا رَمَى بِحَصَاةٍ، ثُمَّ تَقَدَّمَ أَمَامَهَا، فَوَقَفَ مُسْتَقْبِلَ القِبْلَةِ، رَافِعًا يَدَيْهِ يَدْعُو، وَكَانَ يُطِيلُ الوُقُوفَ، ثُمَّ يَأْتِي الجَمْرَةَ الثَّانِيَةَ، فَيَرْمِيهَا بِسَبْعِ حَصَيَاتٍ، يُكَبِّرُ كُلَّمَا رَمَى بِحَصَاةٍ، ثُمَّ يَنْحَدِرُ ذَاتَ اليَسَارِ، مِمَّا يَلِي الوَادِيَ، فَيَقِفُ مُسْتَقْبِلَ القِبْلَةِ رَافِعًا يَدَيْهِ يَدْعُو، وَكَانَ يُطِيلُ الوُقُوفَ، ثُمَّ يَأْتِي الجَمْرَةَ الَّتِي عِنْدَ العَقَبَةِ فَيَرْمِيهَا بِسَبْعِ حَصَيَاتٍ، يُكَبِّرُ عِنْدَ كُلِّ حَصَاةٍ، ثُمَّ يَنْصَرِفُ وَلاَ يَقِفُ عِنْدَهَا»
“When the Prophet  threw the stones (at the Jamra) which is next to Mina He did so with seven small stones, doing Takbeer whenever he threw a stone, then He moved in front of it and faced the Qibla standing, raising his hands high in supplication, and he used to stand for a very long time, then He approached the second Jamra and threw at it seven small stones, doing Takbeer whenever he threw a stone, then he moved to the left behind the valley and stood facing the Qibla and raised his hand in supplication, and he used to stand for a very long time, then he moved to the Jamra at Aqaba and there he threw seven small stones, doing Takbeer whenever he threw a stone, then he leaves without standing there.”
The one who contradicts this procedure by throwing eight stones instead of seven would have committed a Bid’a.
And so many of the acts of worships were explained by the actions of the Prophet, so whoever contradicts the action of the Prophet in performance then he would have committed a Bid’a which is a Dhala and carries a grave sin.
This means that Bid’a lies in the violation of an action which was explained by the Prophet ﷺ, as for performing an action not carried out by the Prophet ﷺ and has no text that explains the method of its performance, it lies under the Shariah laws from the speech of Takleef (responsible to carry duties) or speech of Wadh’ (circumstance). Therefore if the Prophet ﷺ performs two sajda while you do three, you would have committed a Bid’a because you have violated the action of the Prophet ﷺ. However if you undertake an action not carried out by the Prophet ﷺ like riding on a car, and the Prophet did not ride a car, this is not called a Bid’a, this action would be assessed according to the Shariah rules, and then the action of riding the car is described as permissible (Mubah), and so on.
2- The violation of the order of the Legislator which did not come with a set method of performance, but is mentioned in general or Mutlaq, it is not considered as Bid’a, but under the Hukum Shar’I, it is described as  forbidden (Haram) or disliked (Makrooh) if it was a speech of Takleef, or it is described as void/invalid (Batil) or corrupted (Fasid) if it was a speech of Wadh’ (circumstance), this is decided by the indication (Qareenah) that accompanies the text:
For example the saying of the Prophet ﷺ:
«مَنْ أَسْلَفَ فِي شَيْءٍ فَفِي كَيْلٍ مَعْلُومٍ وَوَزْنٍ مَعْلُومٍ إِلَى أَجَلٍ مَعْلُومٍ»
“The one who pays capital upfront, then it must be in a known measure and known weight and for a known time.” [Extracted by Bukhari]
Here it is ordered “salaf” (to hand the capital upfront to the seller) in the conditional sentence form, and ordered that “salaf” should be in a known measure and known weight and for a known time. However the Legislator did not specify the method of performing this, for example both contracting parties have to stand facing each other and recite some of the Qur’an, then they move a step forward and embrace each other and then discuss the issue of “salaf”, then the offer and acceptance takes place. But this is not the case, as the Legislator did not specify the method, but left it general according to the agreement, therefore the one who pays upfront i.e. conduct the contract in violation to the order of the Legislator, i.e. without a specific measure, weight, and time, is not described as one who committed Bid’a, but as one who violated the order of the Legislator, which is Batil, or Fasid according to the type of violation.
Another example, Muslim extracted from Ubada Ibn As-Samit that he said:
«إِنِّي سَمِعْتُ رَسُولَ اللهِ  يَنْهَى عَنْ بَيْعِ الذَّهَبِ بِالذَّهَبِ، وَالْفِضَّةِ بِالْفِضَّةِ، وَالْبُرِّ بِالْبُرِّ، وَالشَّعِيرِ بِالشَّعِيرِ، وَالتَّمْرِ بِالتَّمْرِ، وَالْمِلْحِ بِالْمِلْحِ، إِلَّا سَوَاءً بِسَوَاءٍ، عَيْنًا بِعَيْنٍ، فَمَنْ زَادَ، أَوِ ازْدَادَ، فَقَدْ أَرْبَى»
 I heard the Prophet  forbid selling of gold for gold, and silver for silver, wheat for wheat and barley for barley, dates for dates, salt for salt, except for its exact amount, measure, the one who increases or it is increased, he has taken Riba” and
If a Muslim violates this Hadeeth and sells gold for gold with an increase and not the measure for measure, it is not said that he committed Bid’a but it is said that he committed a forbidden act (Haram), which is riba, because there was no specific method given for the action, as we mentioned, but it was left as a general matter according to their agreement.
For example the Prophet ﷺ said:
«فَاظْفَرْ بِذَاتِ الدِّينِ تَرِبَتْ يَدَاكَ»
 “Choose the one of the Deen, you will be successful” [Bukhari]
The one who does not marry the one of the Deen is not described as have committed Bid’a, but the Shariah rule regarding marrying the one that is not of the Deen should be studied. Because the Shar’i did not specify the practical measures in making the choice, such as the one who is seeking to get married stands facing the bride to be and recites Ayat Al-Kursi, then moves one step forward and recites the Ma’oozaatn (Surah al-Falaq and An-Nas), then moves forward one step and says Bismillah, then extends his right hand and asks for marriage. The matter is left according to the conditions of the correctness of the contract, therefore the study of the violation would be under Hukum Shar’i and not Bid’a.
This confirms what is mentioned in the noble Hadeeths which describes such violations as Hukum Shar’i and not Bid’a.
From the mother of the believers, A’isha (ra) said that the Prophet ﷺ said:
«أَيُّمَا امْرَأَةٍ لَمْ يُنْكِحْهَا الْوَلِيُّ فَنِكَاحُهَا بَاطِلٌ فَنِكَاحُهَا بَاطِلٌ فَنِكَاحُهَا بَاطِلٌ»
“Any woman who is not married through her Wali (guardian), then her marriage is Batil, her marriage is Batil, her marriage is Batil,” [Ibn Maja]
Here the description of the marriage without the Wali is Batil and not Bid’a.
From Abi Sa’eed Al-Khudri in the Hadeeth of Slaughtering:
«… وَكُلُّ مُسْكِرٍ حَرَامٌ…»
“…All intoxicants are Haram…” [Malik]
Here he described that the intoxicants are Haram and not Bid’a
And from Abi Tha’laba Al-Khushani that the Prophet ﷺ said:
«أَكْلُ كُلِّ ذِي نَابٍ مِنْ السِّبَاعِ حَرَامٌ»
Eating hunting animals with canines is Haram” [Malik]
He mentions here that it is Haram and not Bid’a
From Abdullah Ibn Zurair meaning Al-Ghafiqi that he heard Ali Ibn Abi Talib (ra) say that the Prophet ﷺ said:
«أَخَذَ حَرِيرًا فَجَعَلَهُ فِي يَمِينِهِ وَأَخَذَ ذَهَبًا فَجَعَلَهُ فِي شِمَالِهِ ثُمَّ قَالَ إِنَّ هَذَيْنِ حَرَامٌ عَلَى ذُكُورِ أُمَّتِي»
 “He took silk by his right hand and took gold by his left hand and said these two are made forbidden (Haram) on the males of my Ummah” [Abu Daoud]
This violation is described here as Haram.

And so most if not all transactions and contracts are general or Mutlaq according to the correctness of the conditions of the contracts mentioned in the Shariah, and they have no methods of performance specified as in many of the worship acts, therefore the violations in them come under the Hukm Shar’i area and not Bid’a.
3- In conclusion:
The violation of the method of performance of the Prophet ﷺ in a matter in the Qur’an and Sunnah is Bid’a, and carries a grave sinthe action must be performed in the manner the explained by the Prophet  by his action.
But if you do an action that is not performed by the Prophet ﷺ then its ruling should be searched in the area of Hukm Shar’i  in terms of Speech of Takleef, or speech of Wadh’, and then its hukm will be  known if it is an obligation (fard), recommended (Mandoob). Permissible (Mubah). Disliked (Makrooh) or forbidden (Haram)…or if it is Batil (invalid) or Corrupted (Fasid)
The violation of the general or Mutlaq in matter in the Shariah which the Legislator did not stipulate the method of its performance, this violation come under the area of Shariah rules, “the Takleef – Haram, Makrooh,…” or “ Wadh ’- Batil, and fasid”.
4- As for your question regarding “the one who initiates a good practice” This is a separate subject, it means that the one who is former in practicing that which is ordered by the Shariah  and encouraged the others and they followed him; He gets reward for all that follow without taking away a thing from their reward. And the one who is former in performing what the Shariah forbade and encouraged others and they follow him, he will bear the sin of all who follow him and it does not take away a thing from their sins, the evidence for this is:
Muslim extracted in his Sahih from Jarir Ibn Abdullah that he said:
جَاءَ نَاسٌ مِنَ الْأَعْرَابِ إِلَى رَسُولِ اللهِ ﷺ عَلَيْهِمِ الصُّوفُ فَرَأَى سُوءَ حَالِهِمْ قَدْ أَصَابَتْهُمْ حَاجَةٌ، فَحَثَّ النَّاسَ عَلَى الصَّدَقَةِ، فَأَبْطَئُوا عَنْهُ حَتَّى رُئِيَ ذَلِكَ فِي وَجْهِهِ. قَالَ: ثُمَّ إِنَّ رَجُلًا مِنَ الْأَنْصَارِ جَاءَ بِصُرَّةٍ مِنْ وَرِقٍ، ثُمَّ جَاءَ آخَرُ، ثُمَّ تَتَابَعُوا حَتَّى عُرِفَ السُّرُورُ فِي وَجْهِهِ، فَقَالَ رَسُولُ اللهِ ﷺ: «مَنْ سَنَّ فِي الْإِسْلَامِ سُنَّةً حَسَنَةً، فَعُمِلَ بِهَا بَعْدَهُ، كُتِبَ لَهُ مِثْلُ أَجْرِ مَنْ عَمِلَ بِهَا، وَلَا يَنْقُصُ مِنْ أُجُورِهِمْ شَيْءٌ، وَمَنْ سَنَّ فِي الْإِسْلَامِ سُنَّةً سَيِّئَةً، فَعُمِلَ بِهَا بَعْدَهُ، كُتِبَ عَلَيْهِ مِثْلُ وِزْرِ مَنْ عَمِلَ بِهَا، وَلَا يَنْقُصُ مِنْ أَوْزَارِهِمْ شَيْءٌ»
A clan of desert Arabs arrived to the Prophet ﷺ looked at them. They were in rags. He ﷺ saw them in a sad plight as they had been in dire need. The Prophet ﷺ encouraged people to give sadaqa but they were delaying, this was reflected on the face of the Prophet ﷺ, then a man from the Ansar came with a bag of silver, then another man followed and more followed, The Prophet’s face brightened with happiness. Thereupon the Prophet ﷺ said: “Whoever initiates a good practice in Islam and is emulated by others in doing so will get the reward of it and the reward of all those who act upon it without their rewards being diminished in any respect. And whosoever initiates an evil practice in Islam and is emulated by others will bear the sin of it and the sin of all those who act on it without their burden being diminished in the least.”
What is clear from the Hadeeth is that they delayed in giving the sadaqa then a man from the Ansar hurried with the Sadaqa and the rest followed him until the happiness was seen on the Prophet’s ﷺ face.
I pray that this answer is sufficient, by the permission of Allah سبحانه وتعالى.
Wa Assalaam Wa Rahmatullah Wa Barakatuhu

Your brother,
Ata Bin Khalil Abu Al-Rashtah
8 Dhul Hijjah 1436 AH
22/9/2015 CE
The link to the answer from the Ameer’s Facebook page: