Sunday, May 28, 2017

Understanding Maqaasid al-Ahkaam ash-Shar'iah

Allah (swt) sent Muhammad (saw) with the Islamic Sharee’ah as a mercy for mankind. He (swt) said:

وَمَا أَرْسَلْنَاكَ إِلَّا رَحْمَةً لِّلْعَالَمِينَ

“And We have not sent you, [O Muhammad], except as a mercy to the worlds” {Al-Anbiyaa’ : 107}
And Allah Ta’Aalaa said:

وَنُنَزِّلُ مِنَ الْقُرْآنِ مَا هُوَ شِفَاءٌ وَرَحْمَةٌ لِّلْمُؤْمِنِينَ ۙ وَلَا يَزِيدُ الظَّالِمِينَ إِلَّا خَسَارًا

“And we have revealed from the Qur’an that which is a cure and mercy for the believers” {Al-Israa’ : 82}
Allah (swt) sent His Messenger with Islaam, as a mercy to mankind, to bring them out from worshipping other than Allah to worshipping Allah and He (swt) organised their relationships with the best of systems.
The aim and purpose of the Sharee’ah as a whole is therefore a Rahmah (mercy) for mankind. As the Sharee’ah represents a Rahmah. This means that the Sharee’ah as a whole came to bring and secure Masaalih (benefits/interests) and to repel Mafaasid (unbeneficial and corrupting/bad elements) in relation to the people generally when it is applied upon them. The Adillah (evidences) are explicit in respect to the Rahmah (mercy) representing the overall aim or objective of the Sharee’ah as a whole. That is whilst there isn’t any indication within these general evidences to indicate that the Rahmah represents the aim or objective of every single individual ruling in itself or of every text from amongst the Sharee’ah texts.
Consequently, the overall Maqsad (aim) of the Sharee’ah is the realisation or accomplishment of the interests of the ‘Ibaad (servants/people) however these Masaalih (interests/benefits) are not what the human views to be representative of a Maslahah or benefit in accordance to his whims or desires but rather the Maslahah is that which is a Maslahah according to the scale of the Shar’a and not the scale of whims and desires. The ‘Ulamaa have classified these Masaalih into three categories:
1 – Ad-Darooriyaat (essentialities/necessities):
By these it is meant the Masaalih upon which the life of the people, the establishment of the society and its stability rests. If these Masaalih are not fulfilled or realised the system of life will become flawed and chaos and corruption will prevail. They will face hardship and suffering in this Dunyaa and punishment in the Aakhirah (hereafter). These Darooriyaat (essential matters) number five: Hifzh ud-Deen, Hifzh un-Nafs, Hifzh ul-‘Aql, Hifzh un-Nasl and Hifzh ul- Maal (preservation of the Deen, life, mind, progeny/lineage and property). Islaam has legislated Ahkaam for the preservation of each of these Darooriyaat (essential matters).
– Hifzh ud Deen:
The Islamic legislation does not force or compel anyone to enter into Islaam. Allah (swt) said:

 ۖلَا إِكْرَاهَ فِي الدِّينِ

“There is no compulsion in (respect to) the Deen” {Al-Baqarah 256}
And this was applicable after the Arab Mushrikeen entered into Islaam. However, in respect to the Muslim that apostatises from Islaam, he is discussed with and his repentance is sought for three days. Then, after that, if he persists upon his apostasy, he is killed. The Messenger of Allah (saw) said:
Whoever changes his Deen, then kill him (Al-Bukhaari)
That is because the Islamic Aqeedah is in harmony with the Fitrah (intrinsic nature) of the human being and built (or based) upon the mind (rationality). As such, the Murtadd (apostate) from this
Aqeedah becomes like a manifestation of sickness that must be uprooted so that it does not infect the rest of the Islamic society. This relates to the preservation of the Deen.
Islaam has considered Al-Fitnah (strife) in the Deen to be worse and more severe than killing. Allah Ta’Aalaa said:

وَالْفِتْنَةُ أَشَدُّ مِنَ الْقَتْلِ

“Al-Fitnah is worse than killing” {Al-Baqarah: 191}
As such Islaam has legislated the following for the preservation of the Deen: The Da’wah (invitation) to it, repelling the assault or aggression against it and the obligation of Al-Jihaad against those who wish to negate it. Allah (swt) says:

 ۖ وَقَاتِلُوهُمْ حَتَّىٰ لَا تَكُونَ فِتْنَةٌ وَيَكُونَ الدِّينُ لِلَّهِ

“And fight them until there is no more Fitnah and the Deen is to Allah” {Al- Baqarah 193}
– Hifzh un-Nafs (preservation of the life):
For the preservation of the Nafs (life) Islaam legislated all that which is required for its continuance or survival like food, drink and punishing the one who aggresses against it. Allah (swt) says:

وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ

“And you have in Al-Qisaas (law of retaliation) life” {Al-Baqarah: 179}
It has also prohibited exposing the life to destruction by making suicide Haraam.
– Hifzh ul-‘Aql (preservation of the mind):
For the preservation of the mind Islaam has prohibited the drinking of Khamr or consumption of drugs (intoxicants). At the same time, it has encouraged and urged the pursuit of knowledge, contemplation and Ijtihaad, which are all matters that develop the intellectual capability within the person. Islaam commends those who are knowledgeable and attain knowledge:

هَلْ يَسْتَوِي الَّذِينَ يَعْلَمُونَ وَالَّذِينَ لَا يَعْلَمُونَ

“Say: Are those who know and those who don’t know equal (or the same)” {Az- Zumar: 9}
– Hifzh un-Nasl (preservation of the progeny/lineage):
For its preservation Islaam has legislated the prohibition of Zinaa and a punishment for its perpetrator. It has also prohibited Al-Qadhf (accusations against chastity) and legislated the punishment for the one who makes such accusations or claims (Al-Qaadhif). It prohibited abortion for other than a Shar’iy ‘Udhr (excuse) and encouraged marriage and the reproduction of many offspring.
– Hifzh ul-Maal (preservation of the property):
Islaam has legislated the prohibition of stealing and the Hadd (set punishment) for the thief in regards to the preservation of the property. It has also prohibited the damaging of property, provided restrictive legislation to safeguard the wealth of the Safeeh (foolish) and Majnoon (not of sound mind), made (private) ownership permissible and encouraged wealth growth.
2 – Al-Haajiyaat (the needs):
These are the matters that the people need to lift the hardship or difficulty (Haraj) from them and to lighten the burdens of the Takleef upon them. Allah (swt) said:

يُرِيدُ اللَّـهُ بِكُمُ الْيُسْرَ وَلَا يُرِيدُ بِكُمُ الْعُسْرَ

“Allah intends for you ease and does not intend for you hardship” {Al-Baqarah: 185}
So in relation to the ‘Ibaadaat the Takleef is in accordance to their capability whilst Rukhas (special permissions) have been legislated for them as a lightening for them in the case where there is a hardship upon them in respect to the ‘Azeemah (the obligation before the Rukhsah). Consequently, it made the Iftaar (breaking of fast) in Ramadhaan Mubaah for the traveller and the prayer sitting for the one incapable of standing amongst other such rulings.
And in respect to the foodstuffs, the Tayyibaat (good things) were made Halaal for them and the Khabaa’ith (dirty/bad things) were made Haraam, whilst the one who is compelled to (Mudtarr) has been permitted to eat that which has been made Haraam upon him. Allah (swt) said:

فَمَنِ اضْطُرَّ فِي مَخْمَصَةٍ غَيْرَ مُتَجَانِفٍ لِّإِثْمٍ ۙ فَإِنَّ اللَّـهَ غَفُورٌ رَّحِيمٌ

“But whoever is forced by severe hunger with no inclination to sin – then indeed, Allah is Forgiving and Merciful” {Al-Maa’idah: 3}
Within the area of the ‘Uqoobaat’ (punishments/penal-code) the following principle has been legislated:
‘Repelling the Hudood by doubts’
And the Diyah (blood money) has been legislated upon the ‘Aaqilah’ (relatives of the killer) in relation to the unintentional killing as a lightening (of the burden) upon the killer.
3 – At-Tahseenaat (improvements/betterments):
These are the matters that improve the condition of the people conforming with the requirements of a sense of honour, dignity and noble virtuous morals.
Consequently, in respect to the ‘Ibaadaat the purification of the body, clothing and place was legislated in addition to legislating caution in respect to the Najaasaat (impurities) and for the Muslims to pay attention to their adornment at every Masjid (i.e. where nice clothing.)
In regards to the Mu’aamalaat Al-Ghish (swindling/cheating), fraud, deceit, Israaf and stinginess has been made Haraam. In addition, dealing with every kind of Najas (impurity) and Daarr (harmful matter) is prohibited. The Shar’a forbade a person conducting a trade over the trade of his brother and fixing prices amongst other matters.
Similar to that applies in respect to the ‘Uqoobaat (punishments/penal code) whilst the killing of monks, children and women have been made Haraam in Al-Jihaad, just as mutilation, treachery, killing of messengers (envoys) and burning the dead or living has been forbidden.
In relation to the Akhlaaq (morals) Islaam has demanded the person to be characterised with truthfulness (honesty), trustworthiness, patience, perseverance and righteousness whilst it has forbidden lying, cheating, deceiving, cowardice and lewd speech. The Messenger of Allah (saw) said:
Verily, from those of you are most beloved to me and sat the closest to me (in seating) on the Day of Judgement are the best of you in Akhlaaq (morals/manners) (Al-Bukhaari and At-Tirmidhi).
And the Messenger of Allah (saw) was asked about that which most enters (its possessor) into Al-Jannah (paradise) and he (saw) said:
The Taqwaa of Allah and the good manners/morals
(At-Tirmidhi which he classified as Saheeh).
The Akhlaaq Al-Hasanah (good morals/virtues) as such are responsible for generating affection, respect and trust or confidence amongst the individuals of the society.
The difference or disagreement amongst the ‘Ulamaa in respect to the Ahkaam Ash-Shar’iyah being Mu’allalah (reasoned) by Al-Maslahah (the interest/benefit)
The ‘Ulamaa differed in respect to the Ahkaam Ash-Shar’iyah being Mu’allalah (reasoned) by the Maslahah into a number of groupings:
1 – The first group:
This group denied the Ahkaam Ash-Shar’iyah being reasoned by Al- Maslahah i.e. that the Maslahah is the motive or reason for the Hukm Ash-Shar’iy. In accordance to their opinion they say that it is possible for the Shaari’ (Legislator) to legislate a Hukm Shar’iy that does not have a Maslahah (interest or benefit) within it. Those holding this view are the Asha’irah (the followers of Abu-l-Hasan Al-Ash’ariy) and the Zhaahiriyah (the followers of Daawood Azh-Zhaahiriy).
Despite that, they did however establish that an examination (of the texts and rulings) affirms that the Ahkaam Ash-Shar’i are all restricted to falling under a Maslahah from amongst the five matters: the preservation of the Deen, life, mind, progeny and property.
2 – The second group:
This group includes some of the Shaafi’iyeen and some of the Hanafiyah and they affirmed that the Maslahah is valid to be an ‘Illah (reason) for the Ahkaam Ash-Shar’iyah on the basis that it represents the ‘Amaarah’ (sign) of the Hukm but not the motive for the Hukm i.e. that it is closer to the Sabab than the ‘Illah.
3 – The third group:
This group includes the Mu’tazilah, the Maatureediyah and some of the Hanaabilah and Maalikiyah. They viewed that that Ahkaam Ash- Shar’i are reasoned by Masaalih without restriction (to the will of Allah Ta’Aalaa) on the condition that the reasoning does not demolish the text (i.e. go against it).
My opinion in respect to the Ahkaam Ash-Shar’iyah being Mu’allalah (reasoned) by Al-Maslahah
1 – The deduction of some of the ‘Ulamaa in respect to the bringing of interests (Jalb Al-Masaalih) and the repelling of harms or corrupted matters (Dar’u l-Mafaasid) being representative of an ‘Illah (Shar’i reasoning) for the Ahkaam Ash-Shar’iyah is an invalid deduction.
The proof and evidence for that is that the Aayaat that they used for evidence in their deduction do not indicate ‘Illiyah (reasoning) whether in the form that they have come (Seeghah) or in respect to the reality.
They used as evidence the Qawl of Allah Ta’Aalaa:

وَمَا أَرْسَلْنَاكَ إِلَّا رَحْمَةً لِّلْعَالَمِينَ

“And We have not sent you, [O Muhammad], except as a mercy to the worlds” {Al-Anbiyaa’: 107}
The Aayah indicates that the sending of the Messenger (saw) represents a Rahmah (mercy) for mankind which means that the objective and purpose of the Islamic Sharee’ah in its overall description is to bring the Masaalih and repel the Mafaasid whilst the Aayah does not mean that the bringing of the Masaalih and repelling of the Mafaasid is representative of the ‘Illah of the Islamic Sharee’ah in its overall description or that it is the ‘Illah for every single Hukm Shar’iy in itself.
That is because the Aayah guides to the result that comes as a consequence of the Sharee’ah which is the bringing of benefit and the repelling of the Mafaasid whilst it does not indicate that they represent the ‘Illah of the Shar’iyah. There is a difference between the result and the ‘Illah as the result relates to the consequence of the Hukm after its implementation whilst the ‘Illah is the reason or motive (Baa’ith) for the ruling itself i.e. the reason for which the Hukm was legislated. There is therefore a clear difference between the two.
They also used as evidence the Hadeeth of the Messenger (saw):
There is not Harming and reciprocation of harm in Islaam
The most that this Hadeeth can indicate is the negation of the Mafaasid (corrupt and harmful matters) from the Islamic Sharee’ah as a whole whilst it does not mean or indicate Al-‘Illiyah (reasoning), whether it is in respect to the Sharee’ah (as a whole) or to any specific Hukm Shar’iy.
Additionally, this Hadeeth was related to repel the harm from the people whilst the wording ‘In Islaam’ was not mentioned in it. Ibn ‘Abbaas (ra) said: The Messenger of Allah (saw) said:
There is no harming and no reciprocating of harm, and it is for a man to place a wooden peg in the wall of his neighbour and if you dispute on the path then make it seven arm spans (in width) (Ahmad)
The Hadeeth was therefore not within the subject area of the Maqaasid of the Sharee’ah but was rather related to preventing or repelling the harm (Darar). Consequently, there is no Dalaalah (implied indication) within it in relation to the subject of bringing the Masaalih and repelling the Mafaasid or to indicate that it represents an ‘Illah for the Ahkaam Ash-Shar’iyah.
Even if the texts of the Qur’aan and the Sunnah have guided to the result that occurs from the implementation of application of the Islamic Sharee’ah manifested in the bringing of the Masaalih and repelling of the Mafaasid, they do not however indicate that they represent an ‘Illah (reasoning) for the legislation of the Sharee’ah or an ‘Illah for every Hukm Shar’iy in itself. As a result, the deduction based upon these evidences is not valid and falls down in respect to this subject area.
2 – The Ghaayah (aim) or Nateejah (result) of the Islamic Sharee’ah to bring the Masaalih and to repel the Mafaasid is only realised from the Sharee’ah in its description as a whole. As for every Hukm in itself then this could be realised just as it may not be realised. So for example, in the lands of Islaam today and under the shade (or rule) of the man-made systems that have been established within them, it is seen that Ribaa, which is Haraam, has become a part of the economic life of the people and so any trader or factory owner who does not deal with Ribaa is afflicted by an economic harm. That is whilst it could be perceived that he would carry a burden of significant losses as the result of his adherence to his Deen, in which case he would be like the one who is holding onto burning embers of coals. So in this case where does the worldly benefit of Maslahah lie?! And where is the Maslahah in relation to the implementation of the Hukm that has been guided to in the Hadeeth of the Messenger of Allah (saw):
The master of martyrs is Hamzah bin Abdul Muttalib and a man who stood before the unjust Imaam, then commanded him and forbade him, and so he (the ruler) killed him (At-Tirmidhi and Al-Haakim who said the Isnaad is Saheeh).
Therefore, the acquisition of the Masaalih or the repelling of the Mafaasid do not represent the Ghaayah (aim) or result of the application of every Hukm Shar’iy in itself but rather they represent the aim or result of the Islamic Sharee’ah as a whole.
3 – As for what occurs in terms of interests or benefits (Masaalih) as a result of the application of specific Ahkaam from the Islamic Sharee’ah, then this is not considered to be representative of a Daleel to support that the Ahkaam are Mu’allalah (reasoned) by the Maslahah. Consequently, the occurrence of a benefit or interest from marriage or trade or hiring, for example, could occur just as it may not occur. Someone could get married whilst he does not benefit or he could hire and lose out just as he could trade making a loss. Adherence and commitment to these Ahkaam emanates from the Shar’iyah Adillah (evidences) that have guided to them whilst they have not emanated from the premise that they bring a Maslahah or repel of a Mafsadah.
As such, implicating or involving the acquisition of Masaalih or the repelling of Mafaasid in respect to the Ahkaam Ash-Shar’iyah as an ‘Illah for them or as a result has no place or justification for it, as it does not just represent an implication but rather represents a gross error that distances the people and particularly the Muslims from a precise or accurate adherence to the Ahkaam Ash-Shar’iyah. It attracts leniency in respect to this adherence just as it brings about errors in respect to the legislation and deduction of the rulings as a result of connecting or tying the Hukm itself within the (scope of the) Maslahah that has been perceived to be present in relation to the Hukm.
4 – As for the Shar’iyah ‘Ilal (reasons) then from an examination of the Shar’iyah texts it is found that there are Ahkaam (rulings) that are Mu’allalah (i.e. containing an ‘Illah) just as there are rulings which do not contain an ‘Illah (legal reasoning) for them.
The Ahkaam of the ‘Ibaadaat do not have a Shar’iyah ‘Illah for them. Consequently, the Wudoo’ and performing Ghusl from the Janaabah (state of impurity) was not legislated for the purpose of cleanliness because the address of the legislator does not indicate that ‘Illah. Similarly, the Salaah was not legislated to exercise the body and fasting was not legislated to improve the health of the fasting person, indeed someone could become ill from fasting… and so on.
Other Ahkaam did come with an ‘Illah attached to them within the Mu’aamalaat (transactions) and ‘Uqoobaat (punishments). So the Shaari’ (Legislator) prohibited trade at the time of Salaat ul-Jumu’ah with the ‘Illah (reasoning) of distraction (Al-Ilhaa’) from the Salaah and the Shaari’ has permitted visiting graves after having forbidden that with the ‘Illah that the action reminds the person about the hereafter. The Shaari’ also forbade the Qaadi (judge) from judging whilst he is angry because his anger muddles his mind and influences his judgment. These ‘Ilal (reasons) could be stated in the text by the Shaari’ either Saraahatan (explicitly) or Istinbaatan (by way of deduction). That is because they are ‘Ilal Shar’iyah and not ‘Aqliyah and each ‘Illah from amongst the ‘Ilal is specific to a specific Hukm and does not extend beyond that to another Hukm.
Therefore, the statement or opinion that Jalb Al-Masaalih (gaining the benefits) and Dar’u l-Mafaasid (repelling negative consequences) represents an ‘Illah for every Hukm Shar’iy is an opinion that has no basis for it, as the Hukm containing an ‘Illah must have a Shar’iy text indicating that ‘Illah.
The confusion and error related to the extraction and deduction of the Ahkaam Ash-Shar’iyah led to a weakness in respect to the understanding of Islaam which led to the weakness of the Muslims and then to the weakness of their State and to its downfall in the time of the ‘Uthmanis. Precision and investigation is therefore necessary when taking or extracting the Hukm Ash-Shar’iy from its Daleel (evidence) and through utilising the correct method of Ijtihaad that the Sahaabah (rah) of the Messenger of Allah (saw) proceeded upon and the method proceeded upon

Source: Al-Waadih Fee Usool ul- Fiqh (Clear Principles of Islamic Jurisprudence)
Muhammad Hussein Abdullah

Q&A: Gaps in Conduct do not Strip a Muslim of his Islamic Aqeedah

Question:
Assalamu Alaikum wa Rahmatullahi wa Barakatuh
May Allah bless you our honorable Sheikh, and grant you victory and reward you with good.
Our honorable Sheikh,
It came in the book, The Islamic Personality, Volume I that there are actions that contradict the Aqeedah that Muslims do, but they do not divest them from the Aqeedah, and it was clarified that the Muslim may inadvertently fail to associate his concepts with his Aqeedah (creed) or he may be ignorant of the contradiction between such concepts and his Aqeedah or his Islamic Shakhsiyya (personality) or Shaytān (Satan) may influence his heart and thus cause him to distance himself from this Aqeedah in one of his acts…
So how can he remain a Muslim when he does an action contrary to the Islamic Aqeedah?
If a Muslim makes Takfeer (considers him a Kafir) of his Muslim brother, wouldn’t that then make the description befallen one of them, and his enunciation here is Kufr?
I know that actions include words or actions. If a Muslim prostrates to an idol, he is in this case a Kafir, I ask you to clarify the actions that contradict the Aqeedah but the Muslim remains a Muslim despite of committing them?
Does this include ruling by other than what Allah has revealed, and by the disbelieving secularism, and others?
Jazak Allah Khair.
From Abdul Jaleel Zain
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
Firstly, your question is on what came under the subject of “Gaps in Conducts” in the book of The Islamic Personality, Volume I, and the expressions contained there such as the saying: “Many Muslims perform actions in discord with their Islamic Aqeedah (creed)…” and the saying: “… A person may inadvertently fail to associate his concepts with his Aqeedah (creed) or he may be ignorant of the contradiction between such concepts and his Aqeedah (creed) or his Islamic Shakhsiyya (personality) or Shaytan (Satan) may influence his heart and thus cause him to distance himself from this Aqeedah (creed) in one of his acts, so he might act in a manner that is incompatible with his ‘Aqeedah (creed).”, and similar expressions, what is meant by these phrases aforementioned is not what you stated in your question of committing acts that divest its doer from the Islamic Aqeedah, but what is meant is committing prohibited acts and disobediences that contradicts what the Aqeedah obligates of adherence to the Ahkam Shariah and not violating them. And the interpretation of this came in more than one place in the above-mentioned subject. For example, it was stated that:
  • “The truth is that any gap in the conduct of a Muslim does not divest him from his Islamic shakhsiyya (personality). This is because he may inadvertently fail to associate his concepts with his Aqeedah (creed) or he may be ignorant of the contradiction between such concepts and his Aqeedah (creed) or his Islamic Shakhsiyya (personality) or Shaytan (Satan) may influence his heart and thus cause him to distance himself from this Aqeedah (creed) in one of his acts, so he might act in a manner that is incompatible with his Aqeedah (creed) or that contradicts the attributes of a Muslim adherent to his Deen (way of life) or go against the commands of Allah (swt) and His prohibitions. He may do all or some of this whilst still embracing the Aqeedah (creed) and considers (or adopts) it as the basis for his thought and tendencies. Thus, it is incorrect in such cases to say that the person has left Islam or that he has become a non-Islamic Shakhsiyya (personality). As long as he embraces the Islamic Aqeedah (creed) he remains a Muslim even if he is disobedient in an act amongst the acts.”
  • “It should not be surprising then that a Muslim commits an act of disobedience violating the commands and prohibitions of Allah (swt) in one of his acts. He may see the reality as being unsuitable for associating (in that instance) his behaviour with the Aqeedah (creed) or he may imagine that it was in his interest to do what he did and then feel remorse and comprehend the flaw of what he did and return to Allah (swt). Such a violation of Allah’s commands and prohibitions does not indicate absence of his Aqeedah (creed) but it does indicate absence of his commitment to the Aqeedah (creed) in this specific actThus, a disobedient person [Aasi] or a transgressor [Fasiq] is not considered as an apostate, rather he is a disobedient Muslim only in the act in which he was disobedient, and he is punished for this act only. He remains a Muslim as long as he embraces the Islamic Aqeedah (creed).” End of explanation from The Islamic Personality, Volume I.
  • It is clear from this explanation that what is meant is that committing prohibited acts and violations of the Shariah does not divest the Muslim from his Islamic Aqeedah, such as if he drinks alcohol, steals or looks at a Haraam Awrah or so … These acts of disobedience will make him a disobedient person [Aasi] or a transgressor [Fasiq] but not a Kafir as long as he believes in the Islamic Aqeedah.
Secondly: Whereas, committing acts such as prostrating before idols or performing the prayers of Jews or Christians, this is not merely a violation of the Aqeedah and distancing from it, but it is divesting from the Islamic Aqeedah and the whole of Islam. Whoever does such acts apostates from his Deen … We have already detailed this in the Answer to Question on Facebook dated 30/4/2017 about avoiding Kufr (disbelief) and dying on Islam. https://web.facebook.com/AmeerhtAtabinKhalil/posts/622272917969783:0
Thirdly: As for ruling by other than what Allah has revealed, there is an elaboration on this which we have already explained in more than one answer. In summary, ruling by Kufr laws is an act amongst the acts. If this act reflects the belief of its doer, such that it indicates that he does not believe in Islam and rules by Kufr based on his belief that the provisions of Islam are not valid, the one who commits this act is a Kafir. However, the one who rules by Kufr but recognizes that Islam is correct and that we should rule by it, in this case the one who does this act is a wrongdoer (Dhalim) and a transgressor (Fasiq) but not a disbeliever (Kafir) … This was indicated in three verses of Surat Al-Ma’ida on ruling by other than what Allah has revealed, where one of the verses describes the one who governs by other than what Allah has revealed as a Kafir, the second describes him as a Fasiq, and the third describes him as Dhalim … Allah (swt) says:
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَ
“And whoever does not judge by what Allah has revealed – then it is those who are the disbelievers”
 (Al-Ma’ida: 44)
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الظَّالِمُونَ  
“And whoever does not judge by what Allah has revealed – then it is those who are the wrongdoers”
(Al-Ma’ida: 45)
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْفَاسِقُونَ  
“And whoever does not judge by what Allah has revealed – then it is those are the rebelliously disobedient.
(Al-Ma’ida:47)
Knowing the reality of the ruler who rules by other than what Allah has revealed is necessary for the soundness of judging him.
It is important to draw attention to the fact that it is not acceptable to have leniency in uttering Takfeer of people. Whoever is born of Muslim parents is a Muslim. And to be judged as a Kafir, there must be a definitive evidence of his disbelief. Even if 90% of the evidence indicates his Kufr and 10% indicates his Islam, he is not judged as a Kafir (disbeliever). Rather, his actions are pursued and is judged for those acts that are contrary to Shari’ah as a Fasiq (transgressor), Aasi (disobedient) or Dhalim (oppressor), but he is not judged with disbelief (Kufr) as long as the definitive evidence of his disbelief does not exist. The issue of Takfeer causes the loss of life, and the application of the provisions of apostasy, and may result in tragedies and crimes if the disbelief is not verified by holding proof of a decisive evidence …
This is an important issue, and is indicated by the legitimate evidences, including:
﴿يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا ضَرَبْتُمْ فِي سَبِيلِ اللَّهِ فَتَبَيَّنُوا وَلَا تَقُولُوا لِمَنْ أَلْقَى إِلَيْكُمُ السَّلَامَ لَسْتَ مُؤْمِنًا تَبْتَغُونَ عَرَضَ الْحَيَاةِ الدُّنْيَا فَعِنْدَ اللَّهِ مَغَانِمُ كَثِيرَةٌ كَذَلِكَ كُنْتُمْ مِنْ قَبْلُ فَمَنَّ اللَّهُ عَلَيْكُمْ فَتَبَيَّنُوا إِنَّ اللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا
“O you who have believed, when you go forth [to fight] in the cause of Allah, investigate; and do not say to one who gives you [a greeting of] peace “You are not a believer,” aspiring for the goods of worldly life; for with Allah are many acquisitions. You [yourselves] were like that before; then Allah conferred His favor upon you, so investigate. Indeed Allah is ever, with what you do, Acquainted.” [An-Nisa:94[.
In Asbab al-Nuzul (reasons for the revelation) of this verse, several Ahadeeth were mentioned, of them: Ahmad Narrated in his Musnad on the authority of Abu Zubayn, he said: I heard Osama bin Zaid, he said:
«بَعَثَنَا رَسُولُ اللَّهِ r إِلَى الْحُرَقَةِ مِنْ جُهَيْنَةَ، قَالَ: فَصَبَّحْنَاهُمْ فَقَاتَلْنَاهُمْ، فَكَانَ مِنْهُمْ رَجُلٌ إِذَا أَقْبَلَ الْقَوْمُ كَانَ مِنْ أَشَدِّهِمْ عَلَيْنَا، وَإِذَا أَدْبَرُوا كَانَ حَامِيَتَهُمْ، قَالَ: فَغَشِيتُهُ أَنَا وَرَجُلٌ مِنَ الْأَنْصَارِ، قَالَ: فَلَمَّا غَشِينَاهُ، قَالَ: لَا إِلَهَ إِلَّا اللَّهُ، فَكَفَّ عَنْهُ الْأَنْصَارِيُّ وَقَتَلْتُهُ، فَبَلَغَ ذَلِكَ النَّبِيَّ r فَقَالَ: “يَا أُسَامَةُ، أَقَتَلْتَهُ بَعْدَمَا قَالَ: لَا إِلَهَ إِلَّا اللَّهُ؟” قَالَ: قُلْتُ: يَا رَسُولَ اللَّهِ، إِنَّمَا كَانَ مُتَعَوِّذًا مِنَ الْقَتْلِ. فَكَرَّرَهَا عَلَيَّ حَتَّى تَمَنَّيْتُ أَنِّي لَمْ أَكُنْ أَسْلَمْتُ إِلَّا يَوْمَئِذٍ»
“Allah’s Messenger sent us (to fight) against Al-Huraqa (one of the sub-tribes) of Juhaina. We reached those people in the morning and defeated them. A man from the Ansar and I chased one of their men and when we attacked him, he said, “None has the right to be worshipped but Allah.” The Ansari refrained from killing him but I killed him. When this news reached the Prophet  he said to me, “O Usama! You killed him after he had said, ‘None has the right to be worshipped but Allah?” ‘I said, “O Allah’s Apostle! He said so in order to save himself.” The Prophet said, “You killed him after he had said, ‘None has the right to be worshipped but Allah.” The Prophet kept on repeating that statement till I wished I had not been a Muslim before that day.”
2 – The Messenger of Allah ﷺ said: «لَا أَزَالُ أُقَاتِلُ النَّاسَ حَتَّى يَقُولُوا: لَا إِلَهَ إِلَّا اللَّهُ، فَإِذَا قَالُوا: لَا إِلَهَ إِلَّا اللَّهُ، فَقَدْ عَصَمُوا مِنِّي أَمْوَالَهُمْ وَأَنْفُسَهُمْ إِلَّا بِحَقِّهَا، وَحِسَابُهُمْ عَلَى اللَّهِ عَزَّ وَجَلَّ» “I still fight people until they testify that there is no god but Allah (La ilaha illallah). If they say La ilaha illallah, they have saved their blood and possessions from me, except for its right, and their final reckoning is with Allah.” Narrated by Ahmad in his Musnad.
3 – It was narrated in Saheeh al-Bukhaari from Abdullah ibn Umar (ra) that the Messenger of Allah ﷺ said: «أَيُّمَا رَجُلٍ قَالَ لِأَخِيهِ يَا كَافِرُ، فَقَدْ بَاءَ بِهَا أَحَدُهُمَا» “Any man that says to his brother O Kaafir, then that (description) has befallen one of them.”
And Muslim narrated in his Saheeh from Nafi’: «إِذَا كَفَّرَ الرَّجُلُ أَخَاهُ فَقَدْ بَاءَ بِهَا أَحَدُهُمَا» “If the man makes Takfeer of his brother then it (the description) has befallen one of the two.”
As such, it is not allowed to rush and to be lenient in judging a Muslim with Kufr, but evidencing and verification are necessary.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
10th Sha’ban 1438 AH
07/05/2017 CE
The link to the answer from the Ameer’s Facebook page:

The link to the answer from the Ameer’s Google Plus page:

The link to the answer from the Ameer’s Twitter page:

Friday, May 26, 2017

Announcing Two Occasions: Ramadan & Launch of Al Waqiyah TV

Announcing Two Occasions: The Beginning of the Blessed Month of Ramadan, and the Launch of Al Waqiyah Television Channel

I seek refuge in Allah from the accursed Shaytan
شَهْرُ رَمَضَانَ الَّذِيَ أُنزِلَ فِيهِ الْقُرْآنُ هُدًى لِّلنَّاسِ وَبَيِّنَاتٍ مِّنَ الْهُدَى وَالْفُرْقَانِ فَمَن شَهِدَ مِنكُمُ الشَّهْرَ فَلْيَصُمْهُ وَمَن كَانَ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ يُرِيدُ اللّهُ بِكُمُ الْيُسْرَ وَلاَ يُرِيدُ بِكُمُ الْعُسْرَ وَلِتُكْمِلُواْ الْعِدَّةَ وَلِتُكَبِّرُواْ اللّهَ عَلَى مَا هَدَاكُمْ وَلَعَلَّكُمْ تَشْكُرُونَ
“The month of Ramadhan [is that] in which was revealed the Qur’an, a guidance for the people and clear proofs of guidance and criterion. So whoever sights [the new moon of] the month, let him fast it; and whoever is ill or on a journey – then an equal number of other days. Allah intends for you ease and does not intend for you hardship and [wants] for you to complete the period and to glorify Allah for that [to] which He has guided you; and perhaps you will be grateful.”
(Al-Baqara, 2:185)
All Praise is due to Allah and peace and blessings be upon the Messenger of Allah, his family, companions, allies, and those who followed in his path making the Islamic Aqeedah the basis for their thoughts and the Ahkaam Shari’ah (Legislative Rulings) the measure for their actions and source for their rulings.
Al-Bukhari extracted in his Sahih from Muhammad Bin Ziyad that he said: I heard Abu Hurairah (ra) say, “The Prophet, peace be upon him and his family, said, or he said, Abu Al Qasim ﷺ said:
«صوموا لِرُؤيتِهِ وأَفْطِرُوا لرؤيتِهِ فإنْ غُـبِّيَ عليكم فأَكْمِلُوا عِدَّةَ شعبانَ ثلاثين»
“Start fasting upon seeing it [the new moon of Ramadan], and give up fasting upon it [seeing the new moon of Shawwal], and if the sky is overcast (and you cannot see it), complete thirty days of Sha’ban.”
In this regard, we have received the following message from the Ameer of Hizb ut Tahrir, the eminent scholar Ata Bin Khalil Abu al-Rashtah:

بسم الله الرحمن الرحيم
Praise be to Allah and peace be on the Messenger of Allah and upon his family and companions and those who follow him, and so…
Dear Muslims… Dear honourable Dawah carriers… Dear viewers…
Dear listeners…to all who have a heart or those who listen with full attentiveness
Assalaam Alaikum Wa Rahmatullah Wa Barakatuhu,
My dear brothers and sisters, I bring you good news on this blessed night of two great matters:
First: The beginning of the blessed month of Ramadan:
After investigating the new moon of the blessed Ramadan on this night, the eve of Saturday, 27/5/2017, the sighting of the new moon is confirmed according to the Shariah sighting requirements in some Muslim countries, therefore tomorrow, Saturday, is the first day of the blessed month of Ramadan…
Al-Bukhari extracted in his Sahih from Muhammad Bin Ziyad that he said: I heard Abu Hurairah (ra) say, “The Prophet, peace be upon him and his family, said, or he said, Abu Al Qasim ﷺ said:
«صوموا لِرُؤيتِهِ وأَفْطِرُوا لرؤيتِهِ فإنْ غُـبِّيَ عليكم فأَكْمِلُوا عِدَّةَ شعبانَ ثلاثين»
“Start fasting upon seeing it [the new moon of Ramadan], and give up fasting upon it [seeing the new moon of Shawwal], and if the sky is overcast (and you cannot see it), complete thirty days of Sha’ban.”
Allah has made this blessed month His month, He Almighty rewards whomever He wishes in it with no account.
«كُلُّ عَمَلِ ابْنِ آدَمَ لَهُ إِلَّا الصَّوْمَ، فَإِنَّهُ لِي وَأَنَا أَجْزِي بِهِ»
“All the deeds of Adam’s sons (people) are for them, except fasting which is for Me, and I will give the reward for it.”
As He said in the Qudsi Hadith (agreed upon).
This is a special month in the Islamic history; in which the Holy Qur’an was revealed:
شَهْرُ رَمَضَانَ الَّذِي أُنْزِلَ فِيهِ الْقُرْآنُ هُدًى لِلنَّاسِ وَبَيِّنَاتٍ مِنَ الْهُدَى وَالْفُرْقَانِ
“The month of Ramadhan [is that] in which was revealed the Qur’an, a guidance for the people and clear proofs of guidance and criterion.”
(Al-Baqara: 185)
In this month Muslims competed in performing good deeds, because the Ajr and Hasanat (reward for good deeds) are multiplied while seeking Allah’s forgiveness for their sins through sincere fasting and dedication. In Sahih Al Bukhari on the authority of Abu Huraira (ra), on the authority of the Prophet ﷺ, he said:
«مَنْ صَامَ رَمَضَانَ إِيمَانًا وَاحْتِسَابًا غُفِرَ لَهُ مَا تَقَدَّمَ مِنْ ذَنْبِهِ، وَمَنْ قَامَ لَيْلَةَ القَدْرِ إِيمَانًا وَاحْتِسَابًا غُفِرَ لَهُ مَا تَقَدَّمَ مِنْ ذَنْبِهِ»
“Whoever fasts in the month of Ramadan out of sincere faith, and hoping for a reward from Allah, then all his previous sins will be forgiven, and whoever established prayers on the night of Qadr out of sincere faith and hoping for a reward from Allah, then all his previous sins will be forgiven.”
Their Khulafaa’ (Caliphs) and Walis (governors) used to preserve the security of the land and the people, and carried Islam to the world through Dawah and Jihad. The Khulafaa’ of the Muslims ruled by the Shariah of Allah, and lead them in Jihad for the sake of Allah, their army travelled through dry vast desserts, and their ships rode the waves of the sea to make Allah’s Word the highest and to spread justice all over the world. Their armies would address the ocean by saying: If we know that there is land behind you, we would cross you to raise the banner of Islam. And their Khalifah would proclaim to the clouds, Rain wherever you wish for it will irrigate the land of Muslims, by the permission of Allah. The Muslims stood behind their Khalifah backing him when he did good and accounting him if he deviated, since the Khalifah and they are equal before the Shariah. The Ummah, state, and society are moved by and with Islam. Greeting Ramadan with shining happy optimistic faces and bidding it farewell with sadness, and yearning for another meeting with it, to witness with it and in it the goodness, and to win both abodes, and that is the great success.
And we ask Allah (swt) to make this month full of goodness and blessings upon all Muslims, and that next Ramadan the Khilafah Rashidah will be established and the Khalifah is the who supervises the investigation of the new moon, and he is the one who announces the beginning of Ramadan, and in turn making it once again a month of victory and Jihad, and blessings and mercy to the worshippers. Ramadan will then be under the shade of the Khilafah, and its light will return and shine again, and it will return as the month of worship and Jihad, and both of its Takbirs will be restored: the Takbir of the Mu’azin (caller to prayer) declaring the time of breaking the fast (Iftar) for the fasting, and the Takbir of the Mujahid declaring the victory, and it will be soon by the permission of Allah (swt).
إِنَّ اللَّهَ بَالِغُ أَمْرِهِ قَدْ جَعَلَ اللَّهُ لِكُلِّ شَيْءٍ قَدْرًا
“Indeed, Allah will accomplish His purpose. Allah has already set for everything a [decreed] extent”
(At-Talaq: 3)
The second good news that I would like to deliver to you is the launch of Al Waqiyah Channel on this blessed night… Today the media tree of Hizb ut Tahrir has bear its fruit, it produced a shining and blessed good fruit that pleases the eyes and warms the hearts… the fruit that protects its viewer from lewd, deceiving and misleading scenes, it proclaims the truth and eliminates falsehood. A fruit witnessed by eyes and enlightens the insights… a fruit that bears goodness to its people and to all who have a heart and listens with full attentiveness, a fruit called Waqiyah (Protector), and it is Waqiyah (Protector) by meaning, and what a wonderful name and its meaning, for it lights up the way and guides to the correct path by upholding the Truth that it proclaims.
قُلْ هَذِهِ سَبِيلِي أَدْعُو إِلَى اللَّهِ عَلَى بَصِيرَةٍ أَنَا وَمَنِ اتَّبَعَنِي وَسُبْحَانَ اللَّهِ وَمَا أَنَا مِنَ الْمُشْرِكِينَ
“Say, “This is my way; I invite to Allah with insight, I and those who follow me. And exalted is Allah; and I am not of those who associate others with Him.”
(Yusuf: 108)
And last but not least, I commence with the name of Allah our comfort (Al Waqiyah) so that it joins its two sisters: the Broadcast and Ar-Raya, so that they all proclaim together the good word via audio, through print and video, to enlighten the insights, and revive the hearts, and carry the good to the ends of the world, and raise it to the highest skies.
أَلَمْ تَرَ كَيْفَ ضَرَبَ اللَّهُ مَثَلًا كَلِمَةً طَيِّبَةً كَشَجَرَةٍ طَيِّبَةٍ أَصْلُهَا ثَابِتٌ وَفَرْعُهَا فِي السَّمَاءِ
“Have you not considered how Allah presents an example, [making] a good word like a good tree, whose root is firmly fixed and its branches [high] in the sky?”
(Ibrahim: 24)
And our last supplication is Praise be to Allah the Lord of the Worlds.
Wassalamu Alaikum Wa Rahmatullah Wa Barakatuhu
Your brother, Ata Bin Khalil Abu Al-Rashtah
Ameer of Hizb ut Tahrir

It is also my pleasure to relay the congratulations of the Head of the Central Media Office of Hizb ut Tahrir and all those working in it to the Ameer of Hizb ut Tahrir, the eminent scholar Ata Bin Khalil Abu al-Rashtah, and to all the Muslims for this blessed month, asking Allah Almighty to redeem us from the Hellfire in the month of mercy and forgiveness, and we ask Him (swt) to allow us to witness Laylatul Qadr and bless us with its rewards…
Oh Allah, the Lord of the Heavens and the Earth, honor us with pledging allegiance to the Khaleefah of the Muslims in the second Righteous Khilafah (Caliphate) on the method of Prophethood, sooner than later… Allahuma ameen ameen ameen.
Wassalamu Alaikum Wa Rahmatullah Wa Barakatuh
The eve of Saturday, 27/5/2017, is the 1st of the blessed Ramadan for the year of 1438 AH.
Dr. Osman Bakhash
Director of the Central Media Office of Hizb ut Tahrir