Sunday, May 29, 2016

Q&A: Divine Reason (‘Ilah)

Question:
As-Salaam Alaikum Wa Rahmatullah
Dear Sheikh, can you please answer the following question? It is regarding divine ‘ilah, where does it come under in the Speech of the Legislator relating to the actions of the worshippers? Does it come under the speech of following command (Iqtida’), or circumstances (Wadh’) or choice (Takhieer)? And what is the difference between ‘ilah and sabab?

Answer:
Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu
The Hukm Shar’i is defined as the Speech of the Legislator related to the actions of the worshippers by following the command (Iqtida’), or choice (Takhieer) or circumstances (Wadh’). Iqtida is a command, it includes the command to undertake an action or to abstain from an action, it includes the definite command and the indefinite command; the definite command to undertake the action is the Fardh, the indefinite command to undertake an action is the Mandoub, the definite command to abstain from an action is the Haram, and the indefinite command to abstain from an action is the Makrooh, these are four rules and the fifth is Takhieer (choice) which is in respect to permissible actions. These are the five Takleef (responsibility) rules. There are five rules of Wadh’ (circumstances): Sabab (reason), Shart (condition), Mani’ (preventer), Rukhsa and ‘Azeema (taking or leaving a license [respectively]), and Siha wa Butlan, and Fasad (correct, false, and invalid actions/contracts [respectively]).
As you can see that ‘ilah does not come under the definition of Hukm Shar’i, not under Takleef, and not under Wadh’, ‘ilah is one of the evidences for a Hukm Shar’i, in terms of the order, it comes before the Hukm Shar’i, and then the Hukm is built on it, i.e. it is an evidence and not a side rule, therefore ‘ilah is the reason for legislating the rule. As for Sabab (reason) is an indicator and definer for the existence of the rule and nothing more. The evidence is what makes the Hukm binding in the definite command, but the evidence of the Sabab includes a sign that indicates the existence of the rule.
From Eyad Dana
To explain further:
‘Ilah is the reason for the legislating of the rule, ‘ilah is an evidence for the rule and indicator and definer for it, but in addition it is the reason for the legislation of the rule. So therefore it is the reasoning of the text (Ma’qool), if the text does not include ‘ilah, it will include an expression (Man’tooq) and an understanding (Maf’hoom), but it will not have (Ma’qool), so other incidences cannot follow the rule. But if the text includes ‘ilah which is linked to the rule and is clear, it will have Man’tooq, Maf’hoom and Ma’qool, so similar incidences can be related to it. The existence of the ‘ilah made the text accommodating to various types of incidences, not because of the Man’tooq or the Maf’hoom, but through following the same rule due to what they have in common that is mentioned in the ‘ilah. ‘Ilah can be the evidence for a rule, the rule could have been indicated by a speech which includes the ‘ilah like in the saying of Allah سبحانه وتعالى:
مَّا أَفَاءَ اللَّهُ عَلَىٰ رَسُولِهِ مِنْ أَهْلِ الْقُرَىٰ فَلِلَّهِ وَلِلرَّسُولِ وَلِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ كَيْ لَا يَكُونَ دُولَةً بَيْنَ الْأَغْنِيَاءِ مِنكُمْ
“And what Allah restored to His Messenger from the people of the towns – it is for Allah and for the Messenger and for [his] near relatives and orphans and the [stranded] traveler – so that it will not be a perpetual distribution among the rich from among you”
(Al- Hashr: 7)
Then Allah سبحانه وتعالى says:
لِلْفُقَرَاءِ الْمُهَاجِرِينَ
“For the poor emigrants”
(Al-Hashr: 8)
The verse indicated the rule, which is to give Fai’ to the poor emigrants, this is why the Prophet ﷺ gave the Fai’ to them when the verse was sent down, regarding Banu An-Nadhir, He ﷺ gave it only to the emigrants not the Ansar except for two men who were poor. The ‘ilah in the verse is the saying of Allah سبحانه وتعالى:
كَيْ لَا يَكُونَ دُولَةً بَيْنَ الْأَغْنِيَاءِ مِنْكُمْ
“So that it will not be a perpetual distribution among the rich from among you”
(Al-Hashr: 7)
i.e. so the state does not become one for the rich only but for others too, so it has indicated the rule and was the reason for the legislation.
The Sabab is: any clear accurate description that the audio evidence indicates that it is defining the existence of the rule, and not for the legislation of the rule, for example the saying of Allah سبحانه وتعالى:
أَقِمِ الصَّلَاةَ لِدُلُوكِ الشَّمْسِ
“Establish prayer at the decline of the sun [from its meridian]”
(Al-Isra: 78)
And the saying of the Prophet ﷺ:
«إِذَا زَالَتِ الشَّمْسُ فَصَلُّوا»
“Pray at the demise of the sun” Narrated by Al-Baihaqi,
the verse and the Hadeeth show that sun set is a sign that defines the establishment of prayer, i.e. if the sign is present then the prayer must exist, it should be performed, if the other conditions are met… this is the case with all Sabab, e.g. the saying of Allah سبحانه وتعالى
فَمَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ
“Whoever witness (sighting the moon) the month must fast it”
(Al-Baqara: 185)
And the saying of the Prophet ﷺ:
«صُومُوا لِرُؤْيَتِهِ»
“Fast when you sight it (the moon)” Narrated by Al-Bukhari, it shows that when the moon is out and sighted it is a sign for the fasting of Ramadhan…
Thus, the difference is clear between ‘ilah and Sabab. Sabab is a sign that indicates the existence of the rule, like the demise of the sun is to the establishment of prayer, but ‘ilah is the reason for the legislation of the rule, and not the reason for its establishment, it is one of the evidences of the rules like the text, e.g. the distraction from prayer which is extracted from the saying of Allah سبحانه وتعالى
إِذَا نُودِيَ لِلصَّلَاةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ
“O you who have believed, when [the Adhan] is called for the prayer on the day of Jumu’ah [Friday], then proceed to the remembrance of Allah and leave trade”
(Al-Jumu’a: 9)
The distraction is the reason for the legislation of the rule, which is the prohibition of trading during the Athan of Jumu’a (prayer), this is why it is ‘ilah and not Sabab unlike the demise of the sun, which is not ‘ilah, because it is not the reason the Dhuhur prayer is legislated, but it is a sign that Dhuhur prayer must be established.

Your brother,
Ata Bin Khalil Abu Al-Rashtah
13 Rajab 1437 AH
20/4/2016 CE
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Q&A: The “Smelting” Process Before and After the Establishment of the Islamic State

Question:
Asalamu Alaikum Wa Rahmatullah Wa Barakatuhu,
What is your vision for the method of carrying out the “smelting” process after taking power? Will it be through group culturing circles (Halaqat) or lectures, or through Media and Education Curriculum? Jazak Allah Khair
From Mustapha El Mawed

Answer:
Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu
Before answering your question, I would like to quote an extract from the book“At-Takatul Al-Hizbi” (Structuring of a Party) that defines the “smelting” process: “… an ideological Hizb which would progress naturally in two tracks: First, through multiplication it will generate other cells which embrace the ideology with complete awareness and comprehension; and second, through creating and building general awareness about the ideology throughout the Ummah. The general awareness about the ideology will lead to the unification of the thoughts, opinions, and beliefs within the majority if not the whole of the Ummah. Hence the objective of the Ummah, as well as her convictions (qana’aat) and her outlook on life, will be unified. Therefore, the Hizb will serve as a melting pot, which would melt the Ummah and purify her from the impure and the corrupt ideas that led to the decline of the Ummah, or developed during the era of decline. The Hizb should undertake this melting process within the Ummah, thus leading to the revival of the Ummah. This is a tedious process that can only be undertaken by a Hizb that lives its idea, devotes its entire life to the idea, and is aware of its every single step.”
Thus, the party will carry out the “smelting” process in the Ummah, and it uses whatever means and methods accessible for it to do so in the best manner… The party now is carrying out this process with the methods and means available to it … And after the establishment of the state, Allah willing, the party will continue the process, Allah willing … but the difference lies in the following areas:
A-  Islam is what will be implemented after the establishment of the state, and this no doubt will have a strong impact on the acceleration of the “smelting” process … because the system and the actions to take care of the affairs of the people is in line with the “smelting” process carried out by the party, which is contrary to the existing reality, where the Kufr (disbelief) systems are implemented on the Muslims, and they  are governed by rulers hostile to the Ummah and its Deen, which makes the success of the smelting process difficult.
B – The effective means and methods which the party can access to reach the people will be available without restriction, because the State is obligated by the Shariah to allow the work of the political parties based on Islam. It is also obligated to support these political parties in their work … so television, radio, the Internet, mosques and various forums … and all the means and methods such as those mentioned in the question will be at the disposal of the political parties without obstacles or disturbances … And this no doubt will accelerate the process leading to the “smelting” and will lead to its completion and success, by the permission of Allah.
Of course, the party will continue all its work: the individual culturing and group culturing, and ideological and political struggle and adopting the interests of the Ummah …
C – The implementation of Islam by the state will have an effective contribution in creating public awareness in the whole Ummah. This public awareness of the ideology will establish the unification of ideas, opinions and convictions of the Ummah… and this speeds up the “smelting” process, and the revival of the Ummah… and so the work in this area will be easier and faster, Allah willing, after the establishment of the state than before it. …
I hope that the subject is clarified adequately with the permission of Allah سبحانه وتعالى.

Your brother,
Ata Bin Khalil Abu Al-Rashtah
20 Rajab 1437 AH
27/4/2016 CE

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Q&A: Is it permissible for the State to impose taxes on Muslims?

Question:
As-Salaamu Alaikum Wa Rahmatullah Wa Barakaatuhu, May Allah allow you to persevere. I have a question that I hope that you can answer…
It is known that “taxes” are Muharramah (prohibited) in Islam. So how can the State treat the deficit and particularly when there does not exist today “At-Tawzheef – Al-‘Ushoor – Al-Kharaaj”. They do not currently exist.
From Khalid Aali Yaseen

Answer:
Wa Alaikum Assalaam Wa Rahmatullah Wa Barakaatuhu,
It appears there is some confusion from you in respect to the subject area of the question. That is because you said: “Taxes are Muharram (prohibited) in Islam”. That is correct in a general manner however it is specified in specific cases… Similarly, you say: “That there is no ‘Ushoor and Kharaaj today” whilst it is known that the land of the Muslims is either ‘Ushriyah or Kharaajiyah, and that they are (both) present. You have (also) mentioned: “At-Tawzheef, Al-’Ushoor and Al-Kharaaj” whilst the word ‘At-Tawzheef’ here has no place (or context) for it…
In any case, I will provide detail to you of this subject area so that the answer is clear and so that there is no ambiguity in it nor vagueness Inshaa’Allah.
1 – The Shar’a has forbidden the Sultan (authority) to impose a tax upon the Muslims based upon an order issued from him according to what he wishes. He ﷺ said:
«لا يَدْخُلُ الْجَنَّةَ صَاحِبُ مَكْسٍ»
“One who wrongfully takes an extra tax (sahib maks) will not enter Paradise.” as collected by Ahmad and classified as Saheeh by Az-Zain and Al-Haakim.
The ‘Maks’ is the tax (customs) that is taken from the traders upon the borders of the lands however the forbiddance includes every tax due to the statement of the Messenger ﷺ in the Hadeeth, that has been agreed upon, related from Abu Bakrah:
«إِنَّ دِمَاءَكُمْ وَأَمْوَالَكُمْ وَأَعْرَاضَكُمْ عَلَيْكُمْ حَرَامٌ كَحُرْمَةِ يَوْمِكُمْ هَذَا فِي بَلَدِكُمْ هَذَا فِي شَهْرِكُمْ هَذَا…»
“Your blood, your properties and your honours are Haraam for you (to take from each other) like the inviolability of tis day of yours in this land of yours in this month of yours…”.
It is ‘Aamm (general) including the Khalifah just as it encompasses all of the people… It is therefore not permissible for the Khalifah to impose a tax in order to spend from it but rather he spends from the Bait ul-Maal (State Treasury).
2 – There are however cases or circumstances in which the Shar’a has made an exception from the general prevention of imposing taxes. Shar’iyah texts have been mentioned that explain that spending upon them is (a duty) upon the Muslims and not only the Bait ul-Maal. If what is in the Bait ul-Maal is not sufficient to spend upon them, the spending transfers from the Bait ul-Maal to the Muslims. Then a tax is imposed upon the wealthy in accordance to the amount of Nafaqah (spending) that is obligatory to meet those circumstances. That is done without any increase (above the need) and they are allocated in the places that they have been imposed to meet… The tax in this situation is not based upon the command of the Khalifah based upon his desire and according to his wishes. Rather, it is based upon Allah’s commanding of it whilst the Sultan (authority) only implements the command that Allah Subhaanahu has commanded. Based upon this understanding, that which the Shar’a has made obligatory upon the Bait ul-Maal and upon the Muslims to spend, is spent upon from the Bait ul-Maal. Then if there are no funds in the Bait ul-Maal, or it has run out of funds, or it doesn’t have sufficient funds to meet the expenditures, then it is for the Khalifah to impose taxes upon the wealthy in accordance to the amount of those expenditures according to the Ahkaam Ash-Shar’iyah… And it is not Haraam (prohibited) in this circumstance or situation.
3 – From what has been mentioned, it is clear that in order for it to be permissible for the tax to be imposed for spending upon a particular case, the following conditions have to be realised (or met):
– That there is not within the Bait ul-Maal sufficient funds to spend upon this circumstance or case (requiring it).
– That a Shar’i text has come indicating that the expenditure in this case or situation is obligatory upon the Bait ul-Maal and upon the Muslims…
– That the imposed tax does not exceed the obligatory amount of expenditure required for that case or situation…
– That it is not imposed except upon the wealthy alone, those who have a surplus above their basic (or fundamental) needs and their complimentary needs as measured by their decent standard of living – (Bil-Ma’roof)…
4 – Consequently, the tax is not imposed in Islam except in accordance to the above mentioned conditions i.e. that the Shar’a has brought a text indicating that the expenditure upon a particular case is not just obligatory upon the Bait ul-Maal but rather it is also obligatory upon the Muslims:
– For example, the Nafaqah (spending) upon the Fuqaraa’ (poor). If the Bait ul-Maal is not sufficient to meet the needs of the Fuqaraa’, then a tax is imposed in accordance to the amount required to meet this need without an increase upon that and it will be imposed upon the wealthy. That is because spending upon the Fuqaraa’ (poor) is not only obligatory upon the Bait ul-Maal but is rather obligatory upon the Muslims as well. Al-Haakim collected in ‘Al-Mustadrak’ a relation from ‘Aa’ishah (ra) that the Messenger of Allah ﷺ said:
«لَيْسَ بِالْمُؤْمِنِ الَّذِي يَبِيتُ شَبْعَانًا وَجَارُهُ جَائِعٌ إِلَى جَنْبِهِ»
“He is not a believer who spends the night satisfied whilst his neighbour next door is hungry” and in a narration recorded by At-Tabaraani in ‘Al-Mu’jam Al-Kabeer’.
It is related from Anas Bin Maalik (ra) that he said: The Messenger of Allah ﷺ said:
«مَا آمَنَ بِي مَنْ بَاتَ شَبْعَانًا وَجَارُهُ جَائِعٌ إِلَى جَنْبِهِ وَهُوَ يَعْلَمُ بِهِ»
“He hasn’t believed in me who passes the night satisfied whilst his next door neighbour is hungry and he is aware of that”.
And Al-Haakim recorded in ‘Al-Mustadrak’ a relation from Ibn ‘Umar (ra) that he said: The Messenger of Allah ﷺ said:
«وَأَيُّمَا أَهْلِ عَرْصَةٍ أَصْبَحَ فِيهِمُ امْرُؤٌ جَائِعًا، فَقَدْ بَرِئَتْ مِنْهُمْ ذِمَّةُ اللَّهِ»
“Whichever people of an area where people live together there awakens a person amongst them who is hungry, then the Dhimmah (protection) of Allah has been taken away from them”.
– For example, the Nafaqah (spending) upon Al-Jihaad. If the Bait ul-Maal was not sufficient to meet the needs of Al-Jihaad, then a tax is imposed in accordance to the amount required to meet this need, without any increase upon that, whilst this would be imposed upon then wealthy. That is because spending upon Al-Jihaad is not only obligatory upon the Bait ul-Maal but rather it is also obligatory upon the Muslims. Allah سبحانه وتعالى said:
وَجَاهِدُوا بِأَمْوَالِكُمْ وَأَنْفُسِكُمْ فِي سَبِيلِ اللَّهِ ذَلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ
“And strive in Al-Jihaad with your lives and your wealth in the path of Allah. That is better for you if you but knew”
(At-Taubah: 41)
There are also other evidences in addition to the above.
– And for example, the Nafaqah upon the Arzaaq (wages) of the soldiers. If the Bait ul-Maal was not sufficient to meet the needs of the soldiers’ wages, then a tax is imposed in accordance to the amount required to meet this need, without any increase upon that, whilst this would be imposed upon then wealthy. That is because the Nafaqah (spending) upon the wages of the soldiers is not just obligatory upon the Bait ul-Maal, but is rather also obligatory upon the Muslims. Ahmad recorded in his ‘Musnad’ a relation from ‘Abdullah Ibn ‘Amr that he said: The Messenger of Allah ﷺ said:
«لِلْغَازِي أَجْرُهُ، وَلِلْجَاعِلِ أَجْرُهُ وَأَجْرُ الْغَازِي»
“The Ghaazi (one who goes out to fight) has his reward and the Jaa’il (one who pays for another to go to fight) has his reward and the reward of the Ghaazi”.
– For example, the spending to set up a hospital in a town that does not have another one in the case where harm will befall the people if there was no hospital. If the Bait ul-Maal was not sufficient to meet the need of the setting up of the hospital, then the tax will be imposed in accordance to the amount required to meet the need without any increase upon that whilst that would be imposed upon the wealthy. That is because the spending upon the setting up of a hospital is an essential matter and harm results from its absence. This setting up is not Waajib upon the Bait ul-Maal alone but is rather also obligatory upon the Muslims and that is because the Nahi (forbiddance) of the Darar (harm) is general: Al-Haakim related in ‘Al-Mustadrak’, whilst he said that the “This Hadeeth is Saheeh in its Isnaad (chain)”, that it was related from Abu Sa’eed Al-Khudri (ra) that the Messenger of Allah ﷺ said:
«لَا ضَرَرَ وَلَا ضِرَارَ، مَنْ ضَارَّ ضَارَّهُ اللَّهُ، وَمَنْ شَاقَّ شَاقَّ اللَّهُ عَلَيْهِ»
“There is no Darar and no Diraar (harming and reciprocation of harm), whoever harms, Allah harms him and whoever causes hardship (or inconvenience) then Allah brings hardship (or inconvenience) upon him”.
– And for example, the spending upon the emergency and sudden events or incidents that occur upon the Ummah like a famine (drought), flood or earthquake… If the Bait ul-Maal is not sufficient to meet this emergency spending, then a tax is imposed in accordance to the amount of the required expenditures without any increase whilst that would be imposed upon the wealthy. That is because the spending upon emergency events and occurrences is not only Waajib upon the Bait ul-Maal but rather it is also obligatory upon the Muslims.
Abu Dawud extracted in his ‘Sunan’ in a relation from Ibn Hujair Al-‘Adawi that he said: I heard ‘Umar Ibn Al-Khattaab relate from the Prophet ﷺ in respect to this story he said:
«وَتُغِيثُوا الْمَلْهُوفَ وَتَهْدُوا الضَّالَّ»
“And to come to the assistance of the anxious (or troubled) and guide the astray”.
The evidences of the famine that we have mentioned above also apply upon this.
5 – As for the Nafaqaat (expenditures) which are only obligatory upon the Bait ul-Maal and not also obligatory upon the Muslims, then these are not spent upon unless there are sufficient funds within the Bait ul-Maal (treasury). If there are not sufficient funds, then taxes are not imposed for them but rather it is waited until there are funds within the Bait ul-Maal. That is like the spending upon a Maslahah (interest) form amongst the interests of the Muslims which their absence does not bring about a harm upon them. That is like the opening of a secondary road whilst there exists another or opening a second hospital whilst there is another than can be sufficed with. It also includes the like of opening up production projects, upon which their absence will not incur a harm upon the Ummah or the setting up of a factory to extract coal or a reservoir to build trade ships and so on… These matters and what are similar to them are not spent upon from the Bait ul-Maal unless there are sufficient funds for that…
6 – As for the taxes not be imposed except upon the wealthy alone, then that is because the tax is not taken from the individual except from that which is surplus or excess of the satisfaction of his basic or fundamental needs (Al-Haajjaat Al-Asaasiyah) and the luxury or complimentary needs according to the usual or customary standard of living (Bil-Ma’roof). So in respect to the one, from amongst the Muslims, who has a surplus beyond the satisfaction of his basic and complimentary needs, taxes are taken from him. That is whilst the one who does not have any surplus after the satisfaction (of his needs) does not have anything taken from him. That is due to the statement of the Messenger of Allah ﷺ:
«خيرُ الصدقة ما كان عن ظهر غنى»
“The best Sadaqah is that which was (given) on the back of Ghinaa (sufficiency)”recorded by Al-Bukhari and related from Abu Hurairah.
The ‘Ghinaa’ is that which the person can do without, which refers to the level of his sufficiency in respect to satisfying his needs. And Muslim related from Jaabir that the Messenger of Allah ﷺ said:
«ابدأ بنفسك فتصدّق عليها، فإن فَضَلَ شيءٌ فلأهلك، فإن فَضَلَ عن أهلك شيءٌ فَلِذي قرابتك، فإن فَضَلَ عن ذي قرابتك شيءٌ فهكذا وهكذا – يقول فبين يديك، وعن يمينك، وعن شمالك»
“Begin with your own self and give Sadaqah to it. And then if there is anything left over from it, give it to your own family, and then if there is anything left over from your family, then give it to your relatives, and if there is something left over after giving to your relatives, give it in such and such way – saying ‘to whoever is in front of you, to whoever is to your right and to whoever is to your left”.
And so the one whom he must spend upon is delayed from himself. The tax is similar to that because it is like the Nafaqah and like the Sadaqah, as Allah سبحانه وتعالى says:
وَيَسْأَلُونَكَ مَاذَا يُنْفِقُونَ قُلِ الْعَفْوَ
“And they ask you about what they should spend. Say: ‘Al-‘Afwa’ [Excess beyond needs]”
(Al-Baqarah: 219)
Which means that which in there is no effort in respect to its spending and that is the surplus beyond the need. Therefore, the tax is taken from the wealth that is surplus to the need which means that it is only taken from the wealthy. Consequently, a tax is not taken from the Fuqaraa’ (poor) whilst the Aghniyaa’ are known within the (state) department that deals with the Zakaah.
7 – As for the taxes not being imposed except in accordance to the amount of the need and sufficiency, then that is because the Shar’iyah texts have permitted the taking of the tax to meet needs of particular types and that is which it has exempted from the prevention (or forbiddance) of taking from the property of the individual without his consent. It is therefore obligatory to stop at the limit that has been mentioned in the texts otherwise is would be a Zhulm (unjust or oppressive act). That is because it not permissible to take the property of a person except by Tayyib An-Nafs (consent) from him, whilst specific cases or circumstances are exempted where the text has permitted the imposition of taxes for them in accordance to the amount or level of need and sufficiency.
8 – From what has been previously mentioned, it becomes evident that the assumption of the presence of a deficit “permanent or semi-permanent” in the “budget” within the Khilafah State, represents an assumption that is out of its context. That is because the deficit, where the sources of revenue do not meet the expenditures, is a matter that is contrary to the original position in the case where Islaam is applied well… That is due to two important matters:
A – The Ahkaam Ash-Shar’iyah have explained in detail the manner of raising funds by the State and how it should be spent and it did not make that fall under the Ijtihaad of the people and their estimations… It made the spending upon some matters unrelated to the existence of funds or the non-existence of funds within the Bait ul-Maal and that is because the spending is an obligation upon the Bait ul-Maal and upon the Muslims… And we have explained above the matters in which it is obligatory for spending to be undertaken upon whether there are funds in the Bait ul-Maal or there are not… And taxes are imposed for these if there are no funds in the Bait ul-Maal for them.
As for the obligatory Nafaqaat (expenditures) that are only a duty upon the Bait ul-Maal and not also a duty upon the Muslims, then they will not take place unless there are sufficient funds in the Muslim’s Bait ul-Maal for the spending, whilst taxes are not imposed for them as we have previously explained…
B – The continuous (or permanent) revenues of the Bait ul-Maal are: Al-Fa’I, Al-Ghanaa’im, Al-Anfaal, Al-Kharaaj and Al-Jizyah… In addition to that are the revenues of the public owned properties with their various types, the revenues of the state owned properties, the ‘Ushoor, the Khumus (5th) of the Rikaaz (buried treasure), the minerals and the Zakaah properties… The original situation is for the funds of the permanent revenues of the Bait ul-Maal to be sufficient for the spending upon what it is obligatory for the Bait ul-Maal to spend upon, in the case of the existence of the funds or its non-existence… In that way the occurrence of a financial deficit to cover the expenditures is a matter that is unlikely to occur
There are more elaborate details that we have explained in our books: The Economic System, The Funds in the Khilafah State, and the Introduction to the Constitution.
I hope that this answer has been sufficient by Allah’s permission.

Your brother,
Ata Bin Khalil Abu Al-Rashtah
12th Sha’ban 1437 AH
Corresponding to 19/05/2016 CE

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Thursday, May 05, 2016

The Arabic Language is the Pillar for understanding the Shariah Rules, So Protect it

The world of the Internet or the World Wide Web means the infrastructure that transmits most of the shared information across continents… It is a world that captured the imagination of many people and has attracted their interest and became of immense value to people’s lives, and perhaps the most attracted group to it is the youth, which became “addicted” to its use, especially through social media sites.
This virtual world captivated its users, especially young people, who spend long hours in front of the computer or the tablet ; they get cut off from the real world except for some of what reaches them from the news.
It became a tool of communication between them to share all their concerns, ideas and opinions. But what is striking is the conversational language that is invented and became rife among young people and became the used language, which includes a new type of letters to communicate with for its ease and speed of writing – they claim – this language that they called “the language of the Facebook” became the language of the youth, they write and correspond with it. While the Arabic language – the mother tongue – became difficult to communicate with among the young people, and they find it embarrassing! But many avoid using it and considers it as slow and as an impedement, in light of their rapid life style and scientific and technical advancements witnessed by the world!!
So what are the reasons behind the abandonment of young Muslims to the language of the Deen? And why have they lost confidence in it? What are the solutions needed to address this crisis of confidence? And how should we remove the gap between Muslim youth and their mother tongue?
To find out the causes, we must search the facts and fundamentals, that are followed by the universe since its creation. There is no doubt that the conflict between Iman and Kufr is an eternal conflict – the battle between Haq (truth) and Batil (falsehood) is continuous until the Day of Judgement. So a civilization constantly endeavours to spread its concepts and destroy the concepts of other civilizations, in order to ensure its sovereignty and its leadership of the world without the emergence of civilizations that compete with it and fight it, to win the leadership of this world. The West have long sought over the centuries to discredit Islam, to defeat it, and make it weak especially in the hearts of its own people.
Allah Almighty says:
ولن ترضى عنك اليهود ولا النصارى حتى تتّبع ملتهم
“And never will the Jews or the Christians approve of you until you follow their religion’’
(Al-Baqara: 120)
And He سبحانه وتعالى says:
وَلَا يَزَالُونَ يُقَاتِلُونَكُمْ حَتَّىٰ يَرُدُّوكُمْ عَن دِينِكُمْ إِنِ اسْتَطَاعُوا وَمَن يَرْتَدِدْ مِنكُمْ عَن دِينِهِ فَيَمُتْ وَهُوَ كَافِرٌ فَأُولَٰئِكَ حَبِطَتْ أَعْمَالُهُمْ فِي الدُّنْيَا وَالْآخِرَةِ وَأُولَٰئِكَ أَصْحَابُ النَّارِ هُمْ فِيهَا خَالِدُونَ
“And they will continue to fight you until they turn you back from your religion if they are able. And whoever of you reverts from his religion [to disbelief] and dies while he is a disbeliever – for those, their deeds have become worthless in this world and the Hereafter, and those are the companions of the Fire, they will abide therein eternally’’
(Al Baqara: 217)
And He سبحانه وتعالى says:
ودّوا لو تكفرون كما كفروا
They wish you would disbelieve as they disbelieved’’
(An-Nisa: 89)
After the fall of the Islamic state, the Deen of Islam has become a set of rituals not Shariah rules observed and followed by Muslims; the West deviated the Ummah of Islam, especially its youth, whom in them lies hope and the work to serve this great Deen. Therefore you find the Muslim youth drink alcohol and harass his Muslim sisters, without referring back to the Shariah rules; because it was removed from his life and sought to be separated from his reality and the reality of the Ummah, by the destructive rulers.
The Muslim youth were given Islam as a set of rituals and they did not understand that it is a Deen for life and must be implemented, and that it has rules which spread peace and security among the people. And so a huge gap developed between them, which led our youth further away from Islam.
From the challenges that face the Muslims youth, is the issue of identity, including the Arabic language, no doubt it is one of the pressing issues and dangerously critical one, because the language is the pot of thought and are two sides of the same coin, and as Ibn Taymiyyah says, “Every nation has a slogan and slogan of the people of Islam for their own language.” He also said: “I know that the Arabic language affects the mind and character and the Deen strongly and its knowledge is an obligation, the understanding of the Quran and Sunnah is not possible without understanding the Arabic language, and whatever leads to a Wajib is itself a Wajib“.
It is painful to see the youth abandon this language, the language of the Quran! Allah سبحانه وتعالى says:
قرآنًا عربيًا غيرَ ذي عوج لعلهم يتقون
“[It is] an Arabic Qur’an, without any deviance that they might become righteous’’
(Az-Zumar: 28)
إنا أنزلناه قرآنًا عربيًا لعلكم تعقلون
“Indeed, We have sent it down as an Arabic Qur’an that you might understand’’
(Yusuf: 2)
It is strange to read the Quran without understanding it. When you ask the youth about the meaning of the word in the Quran, they answer by saying they do not know!! So how will they comprehend the Book of their Lord and how they will comply to its laws, while they are ignorant of the language it was revealed?! And how can there be communication between the addressee and the addressed while the communication channel is not understood? And what is the way to please the Creator, without knowing what pleases Him?!!
The West’s focus is on diluting the Arabic language and obscuring its landmarks and distorting it. This is a thought out matter, and is among the broad items put as part of its schemes and conspiracies to undermine Islam. The West is aware of the Arabic language’s importance in understanding the rules of Islam, if the language is weakened the understanding of the rules will be affected, this ensures that it will not be implemented. The West used all its means to distort this language and make it a hybrid despised by the Ummah’s youth, so it spread that it is the language of backwardness, and it is difficult to keep up with the rapid development witnessed by the world and with those who want to follow on and not to fall behind, so one must leave it and learn the language of the times and try to understand it and live by it: and as for the language of the times, of course is the language of the West, which it imposes in every way!!.
Writing and speaking in Arabic became a stain and shunned by most youth, you find them exerting effort to pronounce some English or French phrases expressing that they are following the times… What have become of the youth of the best Nation brought to mankind? Why is Arabic abandoned, when it is the most honourable of languages and chosen by Lord and Creator of man and the universe, to be the language of the great Quran which is favoured over all human languages, yet our youth are panting behind the language of a strange world that makes them live without an identity nor civilization nor roots, wandering around and lost!??
A quick peek at the world of the Internet and more specifically in the social media sites, make us lost in incomprehensible language that is neither English nor Arabic…. but a hybrid combination, it is the language they call the language of the Internet or the language of the times. The language that does not recognize the rules of writing letters or grammar. The language that is liberated from all the rules to reflect the reality of its users: a reality that works to liberate the youth and make them free of any controls for their actions and free of restrictions…
If you ask one of them why do you use of this language, why don’t you write in Arabic, he will recklessly answer in arrogance and confidence: this is faster and easier, and the Arabic language is difficult and I do not know its grammar!! How strange are the youth of this Ummah! How strange are the youth who have a wealth, envied by the enemies of the Ummah, and yet are foresaking it!! How strange are the youth of Islam who say that Arabic is hard, when George Sarton said, who was a Belgian: “The Arabic language is the easiest language of the world and most clear, it is absurd to stress one’s self in creating a new way to facilitate the easy and to clear what is clear, if you open any letter you will not find it difficult to read the worst handwriting in that language and this is the nature of the Arabic writing characterized by ease and clarity.” So why is this abandonment of the Arabic language by the Ummah’s youth?
Who is responsible for this state of the youth’s relationship with the language of their Deen, in which the Shariah rules were revealed and without it, can not be understood?
The departure of young Muslims from the Arabic language means they have lost their identity and civilization, one which made them unique and made them leaders of humanity being in the forefront for centuries. One of the most important elements of the Muslim Ummah is the Arabic language, and it is dangerous to abandon it, since ancient times it was the language of civilization, science and progress of literary arts, and for centuries the beacon of Sciences and the predominant language in the world. Arabic is a rich inexhaustible language of a sea of beautiful vocabularies!!
The media played a major role in deepening the gap between the Muslim youth and the language of the Deen; the television satellite and radio channels and depending on colloqiual language in their programs and their shunning away from the use of classical Arabic, except in some soap operas and historical films, suggesting that Arabic is an obsolete and old language that does not keep pace with the progress of society and its development, as some foreign words were deliberatly added to the language to reflect development, progress, and science, and those wanting to keep up with the times to learn them and just deal with it.
The satellite channels also seek to broadcast its programs in the colloquial accent of the country it is in, under the pretext of passing the message of the channel easily and smoothly to the viewers, and to speak from the heart to the heart! These programs were many and filled numerous channals. While the classical Arabic language is neglected, used only as the language of some documentaries or religious or news programs, and they focussed on colloquial accent to provide all matters that is important to children and the youth until they became accustomed to hearing it, and they mock words they hear in an episode or a name in a film, without understanding its meaning, or the reason it was mentioned.
And when scruitinising the educational programs and textbooks, we see how they strive to implement subversive agendas that creates from the sons and daughters of the Ummah generations separated from their roots who do not know their language to understand their culture, and grasp hold of it and protect it. What we see in terms of the introduction of the slang vocabulary or phrases from foreign languages which are written in Arabic script, make us have pity on these generations that live with weak confused personalities, between the reality that gathered all means to distract them from finding the right way for themselves and the Ummah’s revival, and leave them with a remeniscence of the creed. In addition to the deliberate publishing of newspapers and magazines in slang, that erased the mother tongue basics and caused the loss of its status.
The youth have grown accustomed to hearing the slang and forgot their mother tongue: they forgot the language of the rules of the Deen, which they need to understand and implement, and seeing in it weakness, disability and delay… It is dangerous that the youth try to elude from the Arabic language because it would then eliminate the Deen and its rules. How will they understand it and by which language if the language was revealed that contained those provisions is not comprehensible or able to read?
The youth’s dazzlement with the West and its progress today make them live a completely Western lifestyle so they hasten after to to aquire easy profit and does I’tikaaf not to know the Deen, and attain an explanation for its rulings, but rather to enter through social media sites and chat through their own language the language of their age, which is far from the classical Arabic language: the language that only finds ridicule and contempt from them!!
The solutions to these problems start from the need to change the corrupt concepts that are planted by the spiteful West and to have full conviction, but with certainty that this Ummah is the best Ummah brought to mankind.
Allah سبحانه وتعالى says:
كنتم خير أمة أخرجت للناس تأمرونَ بالمعروف وتنهونَ عن المنكر وتؤمنون بالله
“You are the best nation produced [as an example] for mankind. You enjoin what is right and forbid what is wrong and believe in Allah.’
(Al-i-Imran: 110)
 And to hold on to the Arabic language, which means adhering to Islam and its rules, Allah praised it:
 لسانُ الذي يلحدون إليه أعجميٌّ وهذا لسان عربيٌّ مبين
“The tongue of the one they refer to is foreign, and this Qur’an is [in] a clear Arabic language’’
(Al-Nahl: 103)
It is sad that the Muslim youth – who are the sons of this language – are the first to fight against it and abandon it and scorn the language of their Deen, not to mention what the thinkers said about it, those who have not, under valued its strength, beauty and values: “One of the strangest things occurred in human history is the spread of the Arabic language, which was unknown, suddenly it began in a very perfect, smooth, fully rich, it has no childhood or old age, that language that exceeded its sisters in its extensive vocabulary and accuracy of meanings, and good built structures.” (Ernest Renan)
Also the German Sigrid Hunke did not hide her amazement in this language, she said: “How can a man resist the beauty of this language and sound logic, and the unique charm? The neighbours of the Arabs themselves in countries they conquered have fallen for the charm of that language. ”
To you, the youth of my proud Ummah: The weakness of knowledge in Arabic means a weak link of the Ummah with the Book of its Lord and good recitation and following its rules, and in that is its weakness and loss, so do not be of help to its enemies against it, and let us work harder, men and women for our revival and the return of its glory. Enough standing on the ruins of the glories of the ancestors are rise up to your great role, O strong youth of the Ummah of Islam.
O Muslim youth I call you with a broken heart **** I cry the loss of my language with tears
They said sarcastically do not grieve over it be patient **** it is perished like uprooted palm tree trunks
O Ummah’s youth carry out the trust to you by the Lord of man **** Verily the clear victory is coming, does any one not recall
Bring back its glory and say, Allah willing, we will win **** Allah is the best to trust, and the Supreme Determiner

Zinat As-Samit