Archive | March, 2008

obedience to the rulers and scholars in making the lawful to be unlawful and the unlawful to be lawful

26 Mar

Shaikh Sulaymaan Aal ash-Shaikh

 

Tayseer al-Azeer al-Hameed (p.553-554)

 

“And as for his (i.e. Ibn ‘Abdul-Wahhaab’s) saying (as quoted in Fath ul-Majeed p.342 by Shaikh Abdur-Rahmaan bin Hasan Aal ash-Shaikh, under the chapter of obedience to the rulers and scholars in making the lawful to be unlawful and the unlawful to be lawful), “And worshipping the rabbis (ahbaar, scholars, learned ones), this is knowledge (ilm) and understanding (fiqh)”.

 

Meaning, this is what they call today, ilm and fiqh, that which has been authored upon the madhhabs of the Imaams and what is similar to that. So they obey them (i.e. their scholars) in everything that they (the ahbaar) follow him (i.e. one of their scholars), regardless of whether it agrees with the judgement of Allaah or not. Rather, they are not even concerned with what this opposes from the Book and the Sunnah, rather they reject the words of Allaah, and the words of His Messenger, with the sayings of those whom they blindly follow. And they make it clear (yusarrihoon) that it is not lawful to act by a Book and nor a Sunnah, and that is is not permissible to acquire knowledge from them both, and that the ilm, fiqh, and hudaa (guidance) is actually what they find in their books. Rather, greater than all of this and more calamitous than this is the accusation made by many of them that the words of Allaah and the words of His Messenger do not amount to knowledge and nor certainty in the topic of knowing the Names of Allaah, His Attributes, and His Tawheed, and they call it “the apparent meanings of the words”, and then they call what the Philosophers, the Mushriks have devised, “intellectual certainties”, and then they put this before whatever has come from Allaah in the topic of the Names, Attributes and Tawheed. Then they accuse anyone who leaves obedience to the priests and rabbis (i.e. their heads and chiefs) and goes to the obedience of the Lord of the Worlds, obedience to His Messenger, and to judging by what Allaah has revealed in the issues of dispute, [they accuse them] with bid’ah (innovation) or kufr (or disbelief).”

Justice under Islam

12 Mar

If you take a look at how the unique Judicial System of the Islamic State operates, you will see that the courts are not the sole factor in curbing the tide of crime. Rather they are the last line of defence. You would see how the State guarantees your rights, and ensures that justice is the only arbiter in your disputes.

 

Taqwaa – The first line of defence

 

As a Muslim, you appreciate that your belief in Islam, and the notion of obedience to your creator Allah (swt), causes you to behave in a certain way. Your taqwaa (fear of Allah) will motivate you to leave what is prohibited (haraam), and do what is obligatory (fard). Thus it will automatically help to prevent you and other Muslims around you from committing crimes, like theft, mugging, drug abuse etc. which are all haraam in Islam.For the Muslim, the issue thereafter becomes not weighing up the risks of committing a crime for which there is a possibility of being caught. Instead it is a matter of facing punishment in the Hellfire, which Allah (swt), the All-Knowing, All-Seeing, prepares for those who go astray!

 

The pressure of Public Opinion

 

The second factor concerns the society itself. In the Islamic State you are in an environment which is based around and propagates only the Islamic values and emotions There will be no media influences tempting you away from obedience to Allah (swt), nor will the non-Islamic ambitions held by people around us here, like success at all costs or increasing of status, affect us. You will find yourself surrounded by people who look down upon actions contradictory to Islam and who praise those which accord with it. These will all create a public opinion against committing crime that will act as a check against those who are tempted to do so.

 

Justice in Islam

 

Human beings are limited in knowledge and are fallible. They are prone to error and subject to prejudice. Islam does not leave the legislation of justice to the whims and fancies of human beings as is the case in the West (or in the East). Instead, the permission to make laws is only for Allah (swt) the creator of mankind and the one who knows human beings the best. Who do you think is best qualified for this task? Allah (swt) says, “The rule is for none but Allah.” [EMQ 6: 57]

 

Thus you can rest assured that in an Islamic court, factors such as the judge being friends with the accused, or having had a bad day, have no bearing on the severity of the punishment he chooses to administer.

 

If you are a victim of crime and are poor while your opponent is wealthy, this will have no effect whatsoever on the verdict of the court. While you are allowed to appoint a representative to speak on your behalf, there are no vast sums of money at stake. The objective of the courts is solely to establish justice, not to make money. Therefore, it does not matter who presents your case, or how persuasively he speaks, but it is up to the judge to ascertain the facts and evaluate them.

 

In Islam, only definite evidence of guilt is sufficient for the administration of a sentence. Accordingly, there is no concept of a jury, whose members may disagree between themselves on the verdict, purely on the basis of their own personal discretion.Circumstantial evidence, which is inconclusive and subject to different interpretations is not enough. All evidence is presented to a judge who is expert in jurisprudence, and he imposes punishment according to laws from Islam. Thus only those proven to be criminals are punished. Criminals for whom no conclusive verdict is possible will not escape the punishment on the Day of Judgement.

How Islam will dominate the world

10 Mar

Allah (swt) says in the Qur’aan:

 

“It is he (Allah) who has sent his Messenger (saw) with guidance and the religion of truth, in order for it to be dominant over all other religions, even though the Mushrikoon (disbelievers) hate it.” (EMQ at-Tawbah, 9: 33)

 

And the messenger Muhammad (saw) said:

 

“Verily Allah has shown me the eastern and western part of the earth, and I saw the authority of my Ummah (nation) dominate all that I saw.” (Saheeh Muslim, hadeeth #2889)

 

As Allah (swt) has said; this religion (i.e. Islam) is the only religion of truth; and the reason why he has sent us this deen is “in order for it to be dominant over all other religions.” Thus, Allah (swt) never sent us this deen as a mere spiritual belief. This deen has been sent to us by Almighty Allah (swt) in order for it to be implemented and for the whole of mankind to abide by it.

 

The only one who would hate for Islam to dominate the world is the Kaafir Mushrik (non-Muslim), as Allah (swt) said, “…even though the Mushrikoon (disbelievers) hate it.” Consequently, any “Muslim” who dislikes for the Sharee’ah to be implemented (out of being afraid to be labelled “extremist” for example) has committed a negation of Eemaan, and thus left the fold of Islam for hating what Allah (swt) has revealed.

 

Why would the disbelievers and hypocrites hate for Islam to be implemented? Simply because they do not wish for their corruption, evil, crime, cheating, oppression, dishonesty, fraud, lies, tyranny, freedom, and deception to come to an end, and for justice (Islam) to prevail.

 

However, this worldwide domination of Islam which has been promised by Allah (swt) does not necessarily mean that every single person on earth will become Muslim. When we say that Islam will dominate the world, we mean as a political system, as the messenger Muhammad (saw) prophesised that the authority on earth will belong to the Muslims, i.e. the believers will be in power and the Sharee’ah of Islam will be implemented in every corner of the earth.

 

So how will Islam dominate the world when the majority of people will never accept it?

 

Indeed, the majority of people on earth will always detest Islam and choose not to live by the Sharee’ah. Allah (swt) says:

 

“And most of mankind will not believe even if you desire it eagerly.” (EMQ Yoosuf, 12: 103)

 

Therefore there are three main ways in which a state or country can become Daar ul-Islam (the domain of Islam):

 

1.       The majority of its citizens embrace Islam and implement the Sharee’ah on their own accord

 

2.       A group of Muslims rise, overthrow the government and implement the Sharee’ah by force (coup)

 

3.       The Islamic state carries out Jihaad as its foreign policy and removes the government

 

If the Muslims are unable to convince their people (e.g. through peaceful da’wah) to embrace Islam and implement the Sharee’ah, it then becomes an obligation upon them to make hijrah and unite (build their own community and execute the Sharee’ah over themselves) and then rise against the government by force at a later date, regardless of whether they are the majority or the minority. Allah (swt) says:

 

“Rule by what Allah has revealed (the Qur’aan and Sunnah) and do not follow their vain desires, but be aware of them lest they turn you far away from some of that which Allah has sent down to you…” (EMQ al-Maa-idah, 5: 49)

 

This verse clearly underlines the obligation of implementing the Sharee’ah; but as well as this, Allah (swt) says: “and do not follow their vain desires,” meaning, rule by the Sharee’ah even if they (the people) desire something else. The verse is so clear-cut and proves that the Sharee’ah must be implemented by force even if the people do not want it. Furthermore, Allah (swt) also says:

 

“And fight them until there is no more Fitnah (kufr and shirk) and worship (obedience, submission etc.) is for none but Allah…” (EMQ al-Baqarah, 2: 193)

 

One of the greatest forms of kufr and shirk today is the implementation of man-made law; therefore, since man-made law is a form of shirk, one of the only ways of eradicating it from the face of this earth is by Jihaad (fighting). In fact, it is an obligation upon us to fight against the fitnah (kufr and shirk, such as man-made law) until it ceases to exist. Islam has always been spread by the sword, and it will continue to do so.

 

Unfortunately, nowadays one of the greatest misunderstandings of the divine texts is in reference to the verse, “Laa ikraaha fid-Deen – There is no compulsion in religion…” (EMQ 2: 256). This verse has been falsely interpreted to mean that we cannot force Islam upon the people. However, if we refer to the understanding of the Sahaabah we can clearly see that this is not the case at all.

 

“There is no compulsion in religion” means that people should not be forced to embrace Islam i.e. become Muslim. But this does not mean that we cannot force Islam as a law and order upon the people. The Messenger Muhammad (saw) said:

 

“I have been ordered to fight mankind until they say, “Laa ilaaha illallah wa anna Muhammadar Rasool-Ullah – There is none worthy of worship except Allah and Muhammad (saw) is the messenger of Allah.” If they say that, their blood and wealth will be saved from me, except from the right of Islam (the Sharee’ah); and their accountability will be with Allah.” (Musnad al-Imaam Ahmad)

 

Therefore, the Messenger Muhammad (saw) and the believers were ordered to fight the people until they embrace Islam or live by Islam (and remain a Kaafir). If they become Muslim their blood and wealth will have sanctity, but they will still not be saved “from the right of Islam,” meaning that they must still abide by the Sharee’ah (as a law and order). But if they remain non-Muslim, they must at least live by the laws of Islam; either way, the people have a choice of which religion they want to follow, but they have no choice of whether to live by the Sharee’ah or not – this is the meaning of “except from the right of Islam.”

 

It has also been authentically proven that our messenger Muhammad (saw) used to order his companions to invite the disbelievers to Islam. If they refused to embrace it or accept it as a system of governance, then fight against them until Allah’s deen is dominant and implemented:

 

The messenger Muhammad (saw) said: “Fight in the name of Allah and in the way of Allah. Fight against those who disbelieve in Allah. Make a holy war, do not embezzle the spoils; do not break your pledge; and do not mutilate (the dead) bodies; do not kill the children.When you meet your enemies who are polytheists, invite them to three courses of action. If they respond to any one of these, you also accept it and withhold yourself from doing them any harm. Invite them to (accept) Islam; if they respond to you, accept it from them and desist from fighting against them. Then invite them to migrate from their lands to the land of Muhaajiroun (migrants) and inform them that, if they do so, they shall have all the privileges and obligations of the Muhaajiroun. If they refuse to migrate, tell them that they will have the status of Bedouin Muslims and will be subjected to the Commands of Allah like other Muslims, but they will not get any share from the spoils of war or Fay’ except when they actually fight with the Muslims (against the disbelievers).If they refuse to accept Islam, demand from them the Jizyah (tax). If they agree to pay, accept it from them and hold off your hands. If they refuse to pay the tax, seek Allah’s help and fight them…” (Saheeh Muslim #1731)

 

“If they refuse to accept Islam, demand from them the Jizyah (tax). If they agree to pay, accept it from them and hold off your hands. If they refuse to pay the tax, seek Allah’s help and fight them.” The Jizyah is a small charge or tax which every non-Muslim must pay to the Khaleefah (leader of the Muslims). In return, the non-Muslim will be under a covenant, thus making it prohibited for any Muslim to violate his sanctity. This order from the Messenger Muhammad (saw) is very clear; if they refuse to embrace Islam, demand from them the Jizyah i.e. implement the Sharee’ah over them. If they refuse both of these options, to embrace Islam or live by it as a system of governance, “seek Allah’s help and fight them.”

 

Conclusion

 

So how will Islam dominate the world? Most likely by force! If the people do not embrace Islam and implement the Sharee’ah on their own accord, it becomes an obligation upon the Muslims to fight and implement Islam. In countries such as Britain and America, their people have clearly rejected to embrace Islam and will never choose to live by the Sharee’ah. Therefore, the only two ways in which these countries can become under the domain of Islam is by the last two options, a group of Muslims rise and overthrow the government, or an Islamic state is established elsewhere and comes to conquer these nations.

 

The messenger Muhammad (saw) said:

 

“This matter (Islam) will keep spreading as far as the night and day reach, until Allah will not leave a house made of mud or hair, but will make this religion enter it, while bringing might to a mighty person (a Muslim) and humiliation to a disgraced person (who rejects Islam); might with which Allah elevates Islam (and its people), and disgrace with which Allah humiliates disbelief (and its people).” (Musnad al-Imaam Ahmad)

 

“A small portion of Muslims will rise and conquer the White House.” (Musnad al-Imaam Ahmad)

 

Any person who mocks this concept of Islam dominating the world has one of the attributes of the Munaafiqeen and could have committed one of the negations of Islam – disbelieving in the sayings of Allah and his Messenger (saw).