Friday 26 March 2010

Being steadfast upon the Shariah

Muhammed صلى الله عليه وسلم informed us in a hadith reported by Tirmidhi: "After you there are going to be days of patience. The patience during that time is like the one clutching on to a hot coal. During those days the reward for the one who adheres to the Commands of Allah will be equivalent to the reward of fifty men who did an action like his."


Today the Muslim Ummah faces a similar struggle to hold onto Islam. The West is openly attacking Islam and without any fear are maligning it by associating it with violence. The West like the Quraiysh in attempting to defend themselves are attacking and maligning parts of Islam that they find unpalatable.

Whilst the attacks against Islam may vary in scope, in defending the deen we must understand that the deen is nothing to be embarrassed about. Islam is the deen of Allah (swt) that has been sent as a mercy to mankind - to tackle the issues the word faces.

The attack on the Shari’ah now follows a distinct narrative, liberals argue that the Qur’an is a historical document, which is now outdated and needs to be re-interpreted to suit the new conditions of successive new ages. Such interpretation it is argued requires it to be more in line with secularism - and only then will it be termed modern. Hence the call for Islamic reformation is a call for the re-interpretation of the Islamic texts – the Shari’ah.

In responding to such a claims one must ask what has really changed from the 7th century. Human needs and instincts have remained the same regardless of time and place. These instincts are an unalterable reality that has existed since the time of the first man, Adam (AS). Since none can claim to possess instincts other than procreation, survival and reverence the fundamental point remains therefore that no matter what epoch or region is considered, humans are fundamentally the same, with the same instincts, needs and desires, irrespective of any other considerations.

Then what is so different today? It is clear is that what has not changed is the fundamental nature of the problems that humanity faces therefore what has changed are the tools humans use to solve these problems.

The Islamic texts came to address men and women as human beings, not just as individuals living in the Arabian Desert in the seventh century.

Some verses in the Qur’an elaborate on this reality “You will not find in the creation of Allah any alteration” (TMQ Al-Fatir: 43). The human whom Allah (SWT) addressed 1400 years ago when it was said “Allah has permitted trade and forbidden usury” (TMQ Al-Baqarah – 275) is no different to a human addressed by the same speech today. One can see that the human whom Allah (SWT) addressed more than 1000 years ago when it was said “Kill not your children for fear of want: We shall provide sustenance for them as well as for you: verily the killing of them is a great sin.” (TMQ Al-Israa: 31] is no different to humanity today. And indeed when the Messenger Muhammad (SAW) said “The son of Adam has no better right than that he would have a house wherein he may live and a piece of cloth whereby he may hide his nakedness and a piece of bread and some water” (Tirmidhi) he was of course not only referring to the needs of the Bedouins of Arabia.

Another example of an attack on Islam is that most in the West consider women in Islam to be oppressed and inferior to men. The fact that a women’s testimony is equivalent to only half that of a male is constantly used against the Ummah.

The Shari’ah in origin does not differentiate between men and women, when Allah (swt) legislated prayer, fasting, paying Zakat etc this was for all Muslims without differentiation between men and women. The Shari’ah only legislated for men or women individually when the issue relates to their biological make-up. Hence when a problem is faced by one gender due to their specific nature or attribute, then the rule pertaining to that gender cannot be applied generally to everyone because only one gender faces the problem, so the Shari’ah rules to do with menstruation and child birth apply only to women. Thus Islam defined very clearly the role of each gender and therefore there is no gender class where women are looked down upon and viewed as inferior beings.

Regarding a women’s testimony, from surveying the Islamic evidences the testimony of both men and women appears to be proportional to their role in society. Hence in matronhood and suckling the women’s testimony overrides that of a man, whilst the testimony of a man overrides that of a woman in certain financial transactions. Similarly in cases of custody and accusations of promiscuity labelled against a women the women’s testimony actually nullifies that of a man.

Conclusions

Various surveys, think tank reports and policy makers have all accepted that Muslims globally have rejected western values. This represents a glaring failure on the part of the West as it has faced no challenges to its global supremacy. This means the battle for hearts and minds and physical occupation represents a last ditch effort to salvage the emergence of an alternative system of governance. Hence the West’s attacks on Islam will only get more severe, challenging the Ummah.

Any attack on the Shari’ah rules needs to be understood in this context. Thus all attempts at explaining Islam require adherence to the Islamic rules whatever the pressure. Any twisting of the Shari’ah rules or defence of Islam incorrectly will result in aiding the West. Any explanation of a Shari’ah rule should take the approach of explaining the rule, outlining the principal it is built upon and the source it is derived from. This approach shows clearly the ideological linkage between the solution/rule and the creed. Muhammed (saw) explained to us and made a comparison with hot coal when defending Islam, the sahabah knowing this, remained steadfast in defending the deen, and never twisted it or abandoned it. Allah (swt) reminded the Ummah of the rewards that await those for holding onto Islam:

إِنَّ الَّذِينَ قَالُوا رَبُّنَا اللَّهُ ثُمَّ اسْتَقَامُوا تَتَنَزَّلُ عَلَيْهِمُ الْمَلَائِكَةُ أَلَّا تَخَافُوا وَلَا تَحْزَنُوا وَأَبْشِرُوا بِالْجَنَّةِ الَّتِي كُنتُمْ تُوعَدُونَ نَحْنُ أَوْلِيَاؤُكُمْ فِي الْحَيَاةِ الدُّنْيَا وَفِي الْآخِرَةِ وَلَكُمْ فِيهَا مَا تَشْتَهِي أَنفُسُكُمْ وَلَكُمْ فِيهَا مَا تَدَّعُونَ نُزُلًا مِّنْ غَفُورٍ رَّحِيمٍ

“Indeed those who say, 'Our Lord is Allah,' and, and thereafter are steadfast, the angels descend on them 'Fear you not! Nor grieve! But receive the Glad Tidings of the Garden (of Bliss), that which you were promised!' We are your protectors in this life and in the Hereafter: therein shall you have all that your souls shall desire; therein shall you have all that you ask for!' A hospitable gift from One Oft-Forgiving, Most Merciful” (Al Fassilat: 30-32)

Source: HTB

Sunday 21 March 2010

Shariah is More than Just the Hudood

Current media reports state that talks are underway to implement shariah in the Malakand district of Pakistan. The shariah is more than just a penal code. Islam is a complete way of life that includes a system for ruling, economics, judicial affairs and education. Following the method of RasulAllah (saw) we must work to implement the ‘whole’ of Islam by re-establishing the Khilafah Rashidah in the Muslim lands.

On February 16th, the media reported that the provincial government of North Western Frontier Province (NWFP) in Pakistan proposed the establishment of shariah in the Malakand area – one of its districts, which includes Swat valley. The deal was taken to Sufi Muhammed, the founder of the Muslim organization Tehreek Nafaz Shariat Mohammadi (TNSM). He then convinced his son in-law Maulana Fazullah, the current leader of TNSM, to go ahead with the deal. The New York Times reported that on March 4th the agreement was signed by both parties. However, the International News reported that President Zardari has yet to sign the agreement.

Same Story Spun Differently

The proposal to officially implement shariah in NWFP is not something new. In January 1999, the BBC reported that the Nizam-i-Adal Regulation would be established making Islamic law the supreme law in the Malakand district. However, a decade later this Regulation remains unimplemented.

Furthermore, the proposed implementation of shariah is merely a cosmetic change to the current legal system. Imtiaz Gul, a local journalist stated that, "Professional judges would head the courts and their title simply would be different -- like the Qasi. However, they would have the assistance of religious scholars from the local area for consultation. And that would mean they are taking a decision in consultation with the community, the local religious leaders.” In other words, these “Islamic courts” would continue to be staffed by secular judges instead of mujtahideen (i.e. Islamic scholars capable of making ijtihad). Merely, changing the title of the judges does not change their way of thinking!

What is Shariah?

It is quite common for the popular press to use terms such as “shariah” in ignorant ways by applying it to incorrect contexts such as the current proposal in Pakistan. For example, the media confines “shariah” to the Islamic penal code or to limited aspects of the social system. However, shariah is much more than this.

The hukm shari’ (divine law) can be defined as: The speech of the legislator Allah (swt), related to the actions of the people. Allah (swt) has revealed the hukm shari’ in a way that is comprehensive, detailed and perfect. Allah (swt) revealed:

“We revealed the Book to you in explanation of every thing, and as guidance, mercy, and good tidings to those who believe.” [TMQ 16:89]

Thus, the hukm shari’ cannot be restricted to one aspect of Islam as it encompasses all of our actions whether they be actions related to oneself, between the individual and the Creator or between the individual and other members of society. It is imperative for us to be aware that Islam has specific rulings in political governance, economics, judicial affairs, education and more. A few of the details of some of these systems are discussed below.

Submission to Allah (swt), Allah (swt) has made it obligatory on the Muslim Ummah to rule by those laws which He has revealed:

“And rule between them by all that which Allah revealed to you, and do not follow their vain desires away from the truth which came to you.” [TMQ 5:48]

The Khilafah is that authority which implements Islam completely and exclusively. Hence, it is necessary for Muslims to have one Khaleefah, who is the ruler of the Khilafah State responsible for implementing all the laws of Islam. The establishment of the Khilafah State is obligatory (fard), and to neglect its implementation is a great sin. RasulAllah (saw) ordered the Muslims to establish the bay’ah (pledge of allegiance) to a Khaleefah, describing the death without it as the worst of all deaths:

“Whosoever dies without the bay’ah on his neck dies the death of Jahilliyah.” [Muslim]

Islam has given the Ummah the right to choose a Khaleefah to look after its affairs. No coercion of any kind is allowed when the Ummah elects a Khaleefah through the bay’ah.

In the Khilafah, sovereignty belongs to the shariah of Allah (swt), not human-beings. Hence, in the Khilafah both the Khaleefah and the Ummah are bound by the rulings of Islam.

The Khaleefah is not allowed to implement any law that does not emanate from the Quran and Sunnah. Allah (swt) revealed:

"And whoever did not judge by what Allah revealed, those are they that are the disbelievers.” [TMQ 5:44]...“...oppressors.” [TMQ 5:45]....“... transgressors." [TMQ 5:47]

Enabling Citizens to Share in the Wealth

Poverty and deprivation can only be alleviated by fulfilling each citizen’s basic needs while providing each citizen a fair chance to acquire wealth through the complete implementation of Islam. It is the responsibility of the Khilafah state to provide for the basic needs of every citizen of the state. The Prophet (saw) said,

"The Son of Adam has no better right than that he would have a house wherein he may live, a piece of clothing whereby he may hide his nakedness and a piece of bread and some water."  [Tirmidhi]

Today, the rulers in the Muslim world continue to mimic the West and focus on stimulating production, while turning a blind eye to how this wealth is distributed within society. Over time, the benefits of economic growth are captured by the powerful elite via their strength. This results in the majority of society suffering from endemic poverty. Islam, in contrast, makes it an obligation on the Khaleefah to ensure that there is a fair distribution of wealth. Allah (swt) revealed:

“It is so that it does not circulate solely among the wealthy from amongst you.” [TMQ 59:7]

Islam has unique and specific laws regarding energy, taxation, investment, currency, agriculture and industry, which enable individuals to take their share, without depriving others.

The System of Justice from Allah (swt) is a Mercy

In Islam, Allah (swt) is the sole Sovereign. As a result in the Khilafah there is a single judicial court system (i.e. no separation between “civil” and “shariah” courts) that defines crimes solely by what is in the Divine texts – and no other source. It is on this unique basis that judges implement justice to the public.

In Islam, a suspect is considered innocent until proven guilty. Torture is not allowed in the Islamic State for any reason regardless of the crime. It is the duty of the plaintiff or the security departments to prove that the suspect is guilty, or the case will be immediately dismissed.

No one is above the law, even if one is a governor, ruler, or judge. The Qadi Mudhalim of the Court of Unjust Acts can hear cases against all rulers for any policy they implement. And the Qadi Mudhalim has the right to punish or dismiss any government official – even the Khaleefah.

Setting World Standards in Education

In the Muslim countries of today, there is a two-tier education system – one for the elite and one for the masses. In contrast, education in the Khilafah will be of a world leading standard for all citizens, regardless of belief, school of thought, gender or race.

RasulAllah (saw) highlighted to us the importance of teaching when he made teaching ten Muslim children the ransom of the prisoners of war captured during the battle of Badr. It is an obligation upon the State to teach all citizens everything necessary for daily life. Allah (swt) revealed:

“Oh you who believe! Protect yourselves and your families from the fire, whose fuel is people and stones.” [TMQ 66:6]

The Khilafah state will ensure that there is free education at a primary and secondary level for all of its citizens. In addition, the Khilafah state will provide free higher education to the best of its ability.

The Khilafah state will establish an education curriculum that ensures Islam is the sole basis for the beliefs, values, and concepts taught to Muslim children. The syllabi and methods of teaching are designed to prevent a departure from this basis. All public and private schools must ensure that their syllabi and methods of teaching conform to this curriculum.

Not Even an Inch

As the Ummah continues to live under the oppression of occupying forces or tyrannical rulers loyal to the West, it may be tempting to accept concessions that have been brought to the negotiating table. Some may accept to implement only a small portion of Islam and hope the complete resumption would occur at a later date. However, such an approach is not consistent with the example of the Prophet (saw). RasulAllah (saw) never compromised even in the slightest manner. While the Prophet (saw) was calling to Islam in Makkah, 'Uyaynah Ibn Hisn al-Fazari - a man from the elite approached the Prophet (saw) and requested that he accommodate the nobility of Quraysh by segregating their gatherings from the poor believers. Allah (swt) revealed:

“And turn not away those who invoke their Lord, morning and afternoon seeking His Face. You are accountable for them in nothing, and they are accountable for you in nothing, that you may turn them away and thus become of the Zalimun (unjust).” [TMQ 6:52]

Based on this, Allah (swt) clearly made it haram for RasulAllah (saw) to compromise in the matter of segregating the gatherings. Therefore, it is certainly haram to compromise on other issues, such as the implementation of Islam and the re-establishment of Khilafah. Allah (swt) revealed:

“Then do you believe in a part of the Scripture and reject the rest? Then what is the recompense of those who do so among you, except disgrace in the life of this world, and on the Day of Resurrection they shall be consigned to the most grievous torment. And Allah is not unaware of what you do.” [TMQ 2:85]

We as an Ummah must accept the responsibility to resume the Islamic way of life in its entirety by re-establishing the Khilafah Rashidah in the Muslim lands according to the method of RasulAllah (saw). Only then will the shariah be implemented comprehensively.

May Allah (swt) allow us to stand firm for His Deen.

“You are the best of peoples ever raised up for mankind; you enjoin Al-Ma'ruf and forbid Al-Munkar, and you believe in Allah.” TMQ 3:110]

Source: The Politically Aware Muslim

Monday 1 March 2010