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Q&A: What is the shubhat ad-daleel (semblance of evidence)?

The following is a Q&A related to Usul al-Fiqh. It is basically about what is considered to be shubhat ad-daleel (semblence of evidence) which serves as a basis to consider something a legitimate Islamic opinion in Fiqh. It is a draft translation from Arabic. Question: What is the shubhat ad-daleel (semblance of evidence)? The one who says that cutting off the hand of the thief means to prevent stealing or it means to wound and scar and not to sever it from the body. Does the one who says those have a shubhat ad daleel? And does the one who says that the Islamic state was not established until after the treaty of Hudaybiyah have a shubhat daleel? Answer: The shubhat ad-daleel is ascertained in the following: A.. Evidences for which definite general evidence has been provided to consider then as Shariah evidences and they are the Kitab, Sunnah, ijmaah as-sahabah and Qiyas in the event that their meaning is speculative (zanniyah) and outweighed (murjuha) i.e. not definite (qatiyyah...

Political Concepts Part 5 - Motives of struggle between states

The following is an extract of the draft english translation of an excellent recent book entitled 'Political Concepts' which was published in the Arab world in 2005. I will be posting more sections of the book in future. Motives of struggle between states There is no other than two motives behind international struggle since start of history till the Hour time. These are either love of supremacy and pride or competition over material benefits. Love of supremacy could be for loving the supremacy of the nation or the people, as it was the case of Germany the Nazi and Italy the Fascist. It might also be for loving the supremacy and propagation of the ideology, as it was the case of the Islamic state throughout about thirteen centuries, as well as the case of the communist state during its thirty years age, and before it collapsed at the beginning of the nineties of last century, seventy years after its formation. As regarding the motive of restricting the build up of another’s sta...

The importance of Fiqh (jurisprudence) & its study

Fiqh linguistically means understanding as in His (swt) saying: “We do not comprehend (la nafqahu) much of what you say.” [TMQ 11:91] i.e. we do not understand. Many scholars including al-Amidi and Shawkani have defined fiqh as, ‘the knowledge of the practical Shar’ai matters that are derived from their elaborated evidences (al-adillah al-tafsiliyy ah)’. [Amidi, Ihkam, I, 6; Shawkani, Irshad, P. 3.] Knowledge of the Shari'a rules began the day when they started began to be revealed from Allah (swt). This took place mostly after the migration (hijra) of the Prophet (saw) from Makkah to Madina. The Messenger of Allah (saw) stayed in Makkah for thirteen years, then he resided in Madina for about ten years, the Quran was revealed since the beginning of revelation in Makkah and continued throughout the Prophet’s stay in Madina. Many of the verses of ahkam used were revealed in Madina, in this period when the verses from the Qur'an were revealed the Messenger (saw) used to talk about...

How to establish the Islamic State - Part 8

The following is an extract from the draft translation of the arabic book entitled 'Dawa ilal Islam' (Dawa to Islam) by Sheikh Ahmad Mahmoud, published by Al-Waie Publications in Lebanon. I will be posting the sections of the book related to this subject. Should the movement be regional or global? There are some Muslims who suggest that the Islamic movement should be universal, because Islam is a universal deen, and Muhammad (saw) was sent to the whole of mankind. Besides that, in reality the Islamic movement faces universal movements. Moreover the enormity of the tasks required by the Islamic change imposes the need for universality. People who hold this view cite the following Qur’anic proofs; “Thus We have made you a just nation, that you be witnesses over mankind and the Messenger (saw) be a witness over you.”[TMQ 2:143]. And “Say:(O Muhammad [saw]): ‘O mankind! Verily, I am sent to you all as the Messenger of Allah.’” [TMQ 7:158]. And also “And We have not sent you (O Muha...

It is obligatory to obey the Amir and it is haram to betray him or break the oath given to him

The following is a translation of an Arabic article. It is obligatory to obey the Amir, and it is haram to betray him or break the oath given to him Obedience (taa’ah) means compliance and submission; whilst Amir is the one who takes charge of a matter, whether this matter was general like that related to an ummah or a people. Or it might be specific like that related to a group that gathered over a common issue. Thus, the one who looks after the general affairs of Muslims is considered an Amir. Likewise, the one who looks after the affairs of a group structured over a common issue is considered an Amir as well; and the one who looks after the affairs of a group in travel is an Amir also. Amir, chairman and leader hold the same meaning. Likewise, imarah, chairmanship and leadership have the same meaning as well. Amir can be a ruler such as amir ul-mu’mineen (leader of the believers), and amir of wilaya (governor). He might be other than a ruler, such as amir of an army, an expedition, ...

Q&A: Muslim woman marrying a Kafir?

Question: Is the prohibition of Muslim women marrying Kuffar qat'i (definitive) or open to difference of opinion? According to Qardawi Umar b. Khattab gave the option to a woman whose husband had become murtadd to either stay with him or to separate. He reference he gives is the ahkaam ahl zimmah by Ibn Qayyim al-Jawziyyah. What would you say about this? Answer: The marriage of a Muslim woman to a Kafir is definitely baatil (void). Allah (swt) says: فإن علمتموهن مؤمنات فلا ترجعوهن إلى الكفار لا هن حل لهم ولا هم يحلون لهن “Then if you ascertain that they are true believers, send them not back to the disbelievers, they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them.” [al-Mumtahinah:10] T This is a definite text in terms of its authenticity and meaning. Its not open except to one meaning which is that a Muslim woman is not allowed for a Kafir and Kuffar are not allowed for Muslim women. The husband’s disbelief does not allow the nikaa...

The Da'wah Carrier is not Responsible for Achieving the Results

Carrying the da'wah is the task of Prophets. It is of the best and most honourable deeds. Allah (SWT) says: "Who is better in speech than the one who calls (men) to Allah, works righteousness, and says I am one the Muslims ?"(41:33). The recompense for that deed is the best reward and the most abundant gift. Those who perform such a noble deed enjoy the highest rank and the best place with their lord in the hereafter. This is the case if they acted properly, perfected their work and did it only for the sake of Allah (SWT). In order for the carrier of the da'wah to be aware of his affair, confident in his march, not to be stricken with frustration, grief and despair, in order that his situation does not reach the point where he gives up his da'wah and abandons his duty, he must inspire his course of action and his method from the Book of his Lord and the Sunnah of His Prophet. This makes him aware of his matter as Allah (SWT) says: "Say this is my way. I invit...