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Sabtu, 21 November 2015

Britain’s Anti-Terror Laws and the Politics of Fear

In July of this year, British Prime Minister David Cameron laid out his five-year strategy to deal with terrorism and extremism. His plan went beyond tackling violence, spelling out his desire to deal with non-violent ‘extremism’ and to tackle head on ‘ideology’. This came after a series of policy initiatives his government has revealed over the past year, including his desire to introduce ‘deradicalisation programmes’, that would deal with what he described as a growing number of radical youth in the Muslim community, the power to regulate madrassahs and their curriculum and close down Masajids that did not adhere to strict codes of conduct. Since 9/11 the British government, like many western governments, have rolled out a series of measures to clamp down on the Muslim community and deal with what some have described as a fifth column within western society.
A number of sincere Muslim voices within the community have, understandably, shown alarm. Calling for Muslim action and the formation of lobby groups that pressure the government and the mobilisation of the community to address the new terror laws.  This is not new. Ever since the previous Labour government introduced draconian powers of detention without charge and control orders (house arrest), Muslim activists have focused on the presence of these laws and made them the subject of attention. It is not uncommon to find speakers across the country decrying these laws, showing how counterproductive they are. One such group courted controversy recently when they suggested the newspaper bogeyman, British born ‘Jihadi John’, had turned to violence after being subjected to anti-terror policing.
But are we missing something?
Ever since the west waged its War on Terror, a concerted effort has been made to challenge Islam and Islamic practice within the Muslim communities in Europe, North America and Australia. This campaign, fought on many fronts and including a raft of anti-terror laws have aimed to do two things. Firstly, to radicalise western populations against Islam and secondly to sow fear amongst Muslim communities, to keep them submissive and passive.
Radicalising western populations
When the Cold War ended in 1991 with the collapse of the Soviet Union, it marked a transition in international relations. The USA stood as the lone superpower without challenge. The USA sought to establish a world based upon what the US political theorist Ikenberry calls a ‘Liberal World Order’, that is a web of institutions, alliances and client states that reinforced this American world order. The remarkable thing about this period was how the US sought to establish total control. It was what some commentators called its ‘unipolar moment’. The US not only established military and economic dominance and developed the rules governing this order, it worked hard to prevent the rise of any alternatives. Publicly they hailed ‘the end of ideology’ but privately they worked to undermine any potential challenge. Initially these alternatives came in the form of a possible resurgent Russia and an economically strengthened China and a number of plans were developed to contain them and restrain their influence including the expansion of NATO to accommodate former Soviet satellite states like Poland.
However, both Russia and China although posing a challenge to the US order, are essentially nationalistic great powers, content with strengthening their influence. The US fears these states not as ideological competitors but great powers seeking to unseat its primary status. The only alternative America saw on the horizon was that of the Islamic Ummah and the rise of the Islamic Khilafah. The West knows only too well the potential of this Ummah if it were to bind its political affairs according to Islam and so they worked tirelessly to prevent its establishment. This is because only Islam, when correctly applied, can provide a coherent ideological challenge to the west.
The events of 9/11 gave America the pretext to engage militarily with the Muslim world, with the hope to control Islamic societies. The approach was to label all calls for liberation as calls for terrorism. They erected straw men. Sought to conflate Islam with terrorism. When that failed and the Arab revolutions began, which were revolutions ignited by the people; they observed with horror their Islamic nature. The Syrian revolution particularly perturbed them because of the strength of its Islamic character. So they created the conditions for Daesh to fill a vacuum that they created and declare what they claim to be a Khilafah. Through this they attempted to conflate the most powerful Islamic idea of its time, ‘Khilafah’, with barbarism, nihilism and violence.
How do the terror laws fit in? The interesting thing about these laws is that many of them confirm powers the government already has. Some of these policy announcements never see the light of day beyond a headline. The steady drip of proclamations serves only one purpose. To prepare western populations. To prepare them for what is now the inevitable rise of Islam and the Khilafah as an ideological challenge and an alternative world order. The West observes this rise with alarm. This is why it contained a few thousand fighters in Iraq and exaggerated their claims of an Islamic state, in order to bring to the fore the word Khilafah and associate it with all that is evil. Today non-Muslims fear ‘caliphate’ as a result of this repulsive campaign. Its establishment, in the public imagination, would create the conditions for blood-shed and slavery.
Building a fearful Muslim community
This narrative has an impact. It instills fear. Muslim communities in the West fear the future of their children and institutions. This generation of fear is intentional. It colours Muslim activism, reducing the da’wah to a call to be fearful. The more Muslim communities talk of these terror laws devoid of its correct political context the more the government plan is realised. We see today, with regret, talented members of our community distracted from the vital issue of this Ummah, the call for a return to Islamic political unity by establishing the Khilafah upon the method of the Prophethood and instead busying themselves lobbying government or addressing these laws, giving them credibility.
We are an Ummah with a destiny. It is an Ummah of Musab ibn Umayr (ra) who was not detracted from his da’wah by the hostility of the leaders of Madinah. It is an Ummah of the emigrants to Abyssinia, whose hearts were wedded to the belief that the Messenger ﷺ would build a state upon Islam not the narrow polity of the African kingdom. We are an Ummah of the Messenger of Allah ﷺ, that worked tirelessly to create a state in Madinah that would be a springboard for the Islamicda’wah. Only when the Muslim communities in the West recalibrate their call to focus on the most important issue, the issue of Khilafah can we see Islam’s rightful position in world affairs. The return of Khilafah keeps American policy-makers awake at night, does its demands do the same for Muslims in the West?
وَاذْكُرُوا إِذْ أَنتُمْ قَلِيلٌ مُّسْتَضْعَفُونَ فِي الْأَرْضِ تَخَافُونَ أَن يَتَخَطَّفَكُمُ النَّاسُ فَآوَاكُمْ وَأَيَّدَكُم بِنَصْرِهِ وَرَزَقَكُم مِّنَ الطَّيِّبَاتِ لَعَلَّكُمْ تَشْكُرُونَ
“And remember how He gave you shelter when you were few in number and considered weak in the land, ever fearing that the people would snatch you away; but He gave you refuge and supported you with His victory and provided you with goodness, so that you might give thanks.”
(Al-Anfal: 26)

Abdullah Jaleel

Q&A: Six Categories of Riba Based Properties

Questions:
Question of Ayn Alhak:
Assalaamu Alaikum Wa Rahmatullahi Wa Barakaatuhu our respected Sheikh. May Allah assist you with the victory from Him and grant you, the Hizb and the Ummah a clear victory…
I have a question about selling dates in the case where they are from the seven categories mentioned in the Hadeeth of ‘Mubaadalah’ (Exchange). Is it permissible to sell dates for Darahim for a future time of payment? I mean if I was to buy one kilogram of dates and then pay its price afterwards? Please benefit us in acquiring knowledge and may Allah reward you with goodness. This question comes because this is the season of dates. May Allah reward you all with goodness.
Question of Zakaria Karimeh:
May Allah bless you but what about delayed payment by instalments? Is it permissible if the buying of the gold was done with paper currency?
Question of Ayman Alfjjary:
What is the difference between buying gold as a debt (and why is it Haraam) and between the loan which is permissible according to what has been mentioned in the paragraph in the subject of Riba (usury) and Sarf (exchange) in the Economic System of Islam?
Question of Hisham Is’efan:
Assalaamu Alaikum our Sheikh and our Ameer… warm greetings to you… the following Hadeeth was mentioned in the book Economic System of Islam in the chapter of Riba and Sarf (exchange) on page 259: «الذهب بالذهب والفضة بالفضة والبر بالبر والشعير بالشعير والتمر بالتمر والملح بالملح مثلا بمثل…» “The gold for gold, the silver for silver, the wheat for wheat, the barley for barley, the dates for dates and the salt for salt…” until the end of the Hadeeth. My question is and may Allah bless you… Are these four foodstuffs explicitly mentioned in the Hadeeth treated in the same manner as the gold and silver in selling and buying? So for instance is it permissible for me to take a as a debt a bag of flour whilst it is recorded upon its cost/value. Or is there a difference in dealing between two currencies and between these foodstuffs mentioned in the Hadeeth? And is the manufactured different from the ore? I apologise for the length of the question and Baarakallahu Bikum and As-Salaamu Alaikum wa Rahmatullah.


Answer:
Wa Alaikum Assalaam Wa Rahmatullah Wa Barakaatuhu,
Your four questions are similar and for that reason we will answer them by way of a single answer whilst paying attention to the Riba based types of property being six: ‘Gold, silver, wheat, barley, dates and salt’ and not seven as mentioned in the first question.
The answer to these questions is as follows:
1) The Messenger of Allah ﷺ said: «الذهب بالذهب، والفضة بالفضة، والبُر بالبُر، والشعير بالشعير، والتمر بالتمر، والملح بالملح مثلاً بمثل سواءً بسواء يداً بيد. فإذا اختلفت هذه الأصناف فبيعوا كيف شئتم إذا كان يداً بيد» “The gold for gold, the silver for silver, the wheat for wheat, the barley for barley, the dates for dates and the salt for salt; like for like, measure for measure and hand to hand (i.e. immediately) and if they differed sell as you wish, if it was hand to hand”. Narrated by Al-Bukhaari and Muslim by way of ‘Ubaadah Bin As-Saamit may Allah be pleased with him.
The text is clear in the case where there is a difference in the Riba based types or categories as the trade can occur as you wish which means that it is not a condition for it to be like for like however taking possession is a condition. The Lafzh (worded expression) ‘Al-Asnaaf’ (categories) is mentioned in an ‘Aamm (general) form in respect to all of these Riba based types, meaning the six. Nothing is exempted from this unless there is a text and in the case where there is no text then the Hukm is the permissibility of exchanging the wheat for barley, or the wheat for gold, or the barley for silver, or the dates for salt, or the dates for gold, or the salt for silver etc… It is permissible to exchange these irrespective of how much the value of the exchange or the prices have differed as long as it is hand to hand i.e. it is not as a loan. What applies to the gold and the silver also applies to the paper currency due to sharing the ‘Illah (reasoning) of ‘Naqdiyah’ (acting as a currency) where it is utilised as a price and for wages.
2) There was an exception from ‘the obligation of taking possession at the time of trading the Riba based categories or type’ in the case of the Rahn (collateral) when buying the four types: ‘wheat, barley, salt and dates’ by Naqd (currency). This is due to the Hadeeth of Muslim from ‘Aishah (ra) that the Messenger of Allah ﷺ:«اشْتَرَى مِنْ يَهُودِيٍّ طَعَامًا إِلَى أَجَلٍ، وَرَهَنَهُ دِرْعًا لَهُ مِنْ حَدِيدٍ»  “Purchased food from a Jew to a deferred time of payment and gave him a shield from iron as a security”. This means that the Messenger of Allah ﷺ purchased food by taking a debt (upon it) however this was done with a Rahn (collateral). Their food at that time was from the Riba based types. This is like what was mentioned in the Hadeeth: «الطعام بالطعام مثلاً بمثل وكان طعامنا يومئذٍ الشعير» “The food for food like for like and our food at that time was barley” as collected by Ahmad and Muslim by the path of Mua’mmar Bin Abdullah. Therefore it is permissible for you to buy the Riba based categories by way of a debt if something is left as a collateral with the seller until the time of presenting the cost.
3) Then if the one lender and indebted are secure with one another there is as a result no need for a Rahn (collateral). The evidence for that is His Speech سبحانه وتعالى:
﴿وَإِن كُنتُمْ عَلَىٰ سَفَرٍ وَلَمْ تَجِدُوا كَاتِبًا فَرِهَانٌ مَّقْبُوضَةٌ فَإِنْ أَمِنَ بَعْضُكُم بَعْضًا فَلْيُؤَدِّ الَّذِي اؤْتُمِنَ أَمَانَتَهُ وَلْيَتَّقِ اللَّـهَ رَبَّهُ﴾
“And if you are on a journey and cannot find a scribe, then a security deposit [should be] taken. And if one of you entrusts another, then let him who is entrusted discharge his trust [faithfully] and let him fear Allah” [2: 283].
This noble Aayah establishes that the collateral in respect to the debt during travelling is done without collateral if the lender and the indebted trust one another. This is applied to the collateral when purchasing by way of a debt the four Riba based categories: ‘wheat, barley, salt and dates’. It is therefore as Allah سبحانه وتعالى said: ﴿فَإِنْ أَمِنَ بَعْضُكُم بَعْضًا﴾ “And if one of you entrusts another”
Its Dalaalah (textual implication) is clear here, in this case, in respect to the collateral (deposit) not being required.
4) It is therefore permissible to purchase the four Riba based categories: ‘Wheat, barley, dates and salt’ with currency as a debt with or without a collateral for the payment of the debt in the case where both the seller and the buyer are secure with one another and trust each other… In these two cases, purchasing in these categories through a debt is permissible. This means that the salt which you asked about purchasing by a debt is permissible in the case when the noble Ayah is realised: ﴿فَإِنْ أَمِنَ بَعْضُكُم بَعْضًا﴾ “And if one of you entrusts another”.
This is what I have outweighed to be the strongest opinion in this issue and Allah knows best and is Most Wise.
5) It is worth knowing that the following was mentioned in the Explanation of Saheeh Al-Bukhaari by Ibn Battaal in the chapter ‘Purchasing food for a delayed payment’: “There is no disagreement amongst the people of knowledge that it is permissible to buy food for a known price for a known (defined) time (of payment)”.
And it was mentioned in the book: ‘Al-Fiqh ‘Alaa Al-Madhaahib Al-Arba’a’ of Al-Juzairi in regards to purchasing the Riba based categories: “As for if one of means of exchange was a currency and the other was a food then it is valid for it to be delayed (in payment i.e. deferred)”.
And it was mentioned in ‘Al-Mughni’ of Ibn Qudamah al-Maqdisi when he was discussing the prohibition of trading the four types with each other by incurring a debt… He said: “Unlike if the four types are sold by dirhams or other weighted items for delayed payment therefore the need for collateral is needed.”
Conclusion:
1) It is permissible to trade dates, wheat, barley and salt by currency as a debt with a collateral to pay the debt or without a collateral if the seller and purchaser are secure with and trust one another…. in other than these two situations it is not permissible.
2) Buying gold with the currency as a debt is absolutely not permissible whether the currency was gold or paper currency and whether the debt was all deferred as a whole or was by instalments in the case where a part was paid immediately whilst the rest was divided into instalments… In this latter case of instalments by paying a part of the cost up front, then that which is valid to be undertaken in respect to trading gold is that where its cost is paid at once; meaning by the first instalment. As for what is paid of the cost in the rest of the instalments then the trade in it is not valid… If however all of the instalments were delayed where none of it was fulfilled immediately then the trade as a whole is not valid due to the application of the evidences of exchanging the Riba based properties upon it.
3) As for loaning gold, silver, currency and the remainder of the Riba based categories; it is permissible with a condition and that is that nor profit is gained and that is because it differs from the trade and the exchange even if it looks similar. This is because trade and exchange includes the exchange of money with money of its kind or from another kind. As for the loan then it means the giving of money to another to then receive it from him (later) as it was (i.e. without change). The loan is undertaken by way of leniency and kindness and its evidences are different from the evidences of trade and the evidences of trading the Riba based properties do not apply to it so as to make it Haraam like the trade of gold for a delayed payment… Rather its evidences pronounce its permissibility and Muslim related from Abu Raafi’: «أن رسول الله صلى الله عليه وسلم استسلف من رجل بَكراً، فقدمت عليه إبل من إبل الصدقة، فأمر أبا رافع أن يقضي الرجل بَكره، فرجع إليه أبو رافع فقال: لم أجد فيها إلاّ خيَاراً رباعياً، فقال: أعطه إياه إن خيار النّاس أحسنهم قضاء»“That Allah’s Messenger ﷺ took a young camel (under six years old) from a man as a loan. Then a camel from the camels of Sadaqa were brought to him. So he ordered Abu Rafi’ to return to that person the young camel (as a return of the loan). Abu Rafi’ returned to him and said: I did not find among them but better camels above the age of six. He (the Holy Prophet) said: “Give that to him for the best men are those who are best in paying off the debt”. And Ibn Hibban related from Ibn Mas’oud that the Prophet ﷺ said: «ما من مسلم يُقرض مسلماً قَرضاً مرتين إلا كان كصدقة مرة» “There is no Muslim who gives a Muslim a loan two times except that it would be like the Sadaqah (once)” and the Prophet ﷺ used to take loans.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
21st Muharram 1437 AH
03/11/2015 CE
The link to the answer of the Ameer’s page of Facebook:

Sabtu, 24 Oktober 2015

Q&A: Is it Permissible for a Menstruating Woman to Read Qur’an from the Internet or a Mobile Phone?

Question:
Assalaamu Alaikum Wa Rahmatullah Wa Barakatuhu,
I would like to inquire about the Shariah rule because I am confused…  Is it permissible for the menstruating woman to read Quran from the internet or a mobile phone? I would like an answer. Wa Salaamu Alaikum Wa Rahmatullah
From  Raheeq Em Yousif


Answer:
Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu,
To answer the question three points must be made clear:
Reciting of the Quran orally i.e. not from the Mushaf, the touching of the Mushaf and reading Quran from it, and the carrying of laptops or mobile phones that contain Quran application and reading from it.
1– As for the rule of reciting Quran orally by the menstruating woman, it is an issue of dispute between scholars, some say it is forbidden while others allow it, and my outweighed opinion on the issue is that the oral recitation of the Quran by the menstruating woman is forbidden. Extracted by Al-Hakim in Al-Mustadrak on the authority of Sulaiman Bin Harb, and Hafs Bin Amr Bin Mara, from Abdullah Bin Salama, he said: We came to Ali (ra), myself and two other men, Ali (ra ) said:«كَانَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَقْضِي الْحَاجَةَ، وَيَقْرَأُ الْقُرْآنَ، وَيَأْكُلُ اللَّحْمَ، وَلَمْ يَكُنْ يَحْجُبُهُ عَنْ قِرَاءَتِهِ شَيْءٌ لَيْسَ الْجَنَابَةُ» “The Messenger of Allah ﷺ used to answer the call of nature, and recite Quran, and eat meat, and nothing stopped him from reciting it except the state of impurity (Janaba)”. Al-Hakim said this Hadith is of Sahih isnad (transmission), and it is authenticated by Adh-Dhahabi. What is clear from the Hadith of the Prophet ﷺ, that he ﷺ used to recite Quran orally except when he was in a state of impurity; which means that it is forbidden for the impure person to recite Quran, and what applies to the impure person applies to the menstruating woman in terms of recitation of the Quran.
So my preponderant opinion is that the menstruating woman not to recite the Quran.
2- As for touching the Mushaf (Book) by the impure person and the menstruating woman is not permitted, it is Haram due to the saying of Allah سبحانه وتعالى: ﴿لَا يَمَسُّهُ إِلَّا الْمُطَهَّرُونَ﴾ “None touch it except the purified” [Al-Waqi’a: 79].
And due to the noble Hadith on the authority of Imam Malik in Al–Muwatta from Abdullah Bin Abi Bakr Bin Hazm, that in the message written by the Messenger ﷺ to Amr Bin Hazm: «أَنْ لَا يَمَسَّ الْقُرْآنَ إِلَّا طَاهِرٌ» “That only the purified person may touch the Quran”.
In another narration by Malik in Al-Muwatta, by the full name of Abdullah, as the following: (from Abdullah Bin Abi Bakr Bin Muhammad Bin Amr Bin Hazm), and by the authority of At-Tabarani in Al-Kabeer and As-Sagheer from Salim Bin Abdullah Bin Omar by the version: “from Sulaiman Bin Musa, I heard Salim Bin Abdullah Bin Omar narrating from his father, he said: The Prophet ﷺ said: «لَا يَمَسُّ الْقُرْآنَ إِلَّا طَاهِرٌ» “Only the purified person touches the Quran””.
Therefore it is preponderant that it is forbidden for the menstruating woman to touch the Quran and recites from it.
3– As for carrying the laptop or mobile phone which contains a Quran Application, the scholars have already discussed this issue that I like to start with, which is carrying of the Mushaf (Book) in a box or pouch; they have different opinions on it:
“The Hanafi and Hanbali schools follow the opinion that allows the impure or the one without Wudu to carry the Mushaf via a strap, or via a medium that is not attached to it, because the person will not be touching it, so he will be allowed to carry it similar to carrying the Mushaf among his luggage. This is because what is forbidden here is touching of the Mushaf, and in this case there is no touching. The Hanafi school of thought (madh’hab) says: If he carries it with a cover that is not sewed to it or it is inside a pouch, or the like, then it is not disliked to do so. The Maliki and Shafi’i school and from a narration from Ahmad, they all follow that this is not permitted, the Maliki school says: only the purified carries it even if it was on a pillow or similar, like the Mus’haf’s stand, or by an attached or unattached cover. And so said the Shafi’i school, what is correctly known of them: It is not permitted to carry or touch the pouch or box that contains the Mus’haf i.e. if they were prepared for the purpose of carrying the Mus’haf i.e. one is not allowed to touch or carry a box for the purpose of carrying the luggage which includes the Mus’haf.”
It is clear that there is a fiqhi difference of opinion in this issue, what I outweigh is that it is permitted to carry a mobile phone without the state of purity even if it contains Quran application program because it does not take the rule of the Mus’haf. The reality of the program stored in the mobile phone memory is not like the writing, and the mobile phone contains many programs as well as the Quran and it is used in many things other than reading the Quran and does not take the rule of the Mus’haf, with the exception of two cases:
First: when the Quran program is opened and the emergence of the Quranic text on the screen of the device:
In this case, the written text takes the rule of the Mus’haf because it is a written text, and  touching the screen with the written text  is forbidden except for the purified, because it serves as the writing on the paper, sheets and leather, which the Quran is written on, and therefore if the mobile phone holder wanted to read the Quran on it by opening the screen, is not permissible for him, except in a purified state. This is also the case if the the screen is open to the Quranic text it must not be carried except in a purified state.
If the mobile phone is not open to the Quranic text:
In this case it may be carried by the impure person even if the Quran program is within the stored programs, because understanding the reality (manat) of the mobile phone, if the Quranic text is not on the screen, then this reality differs from the reality of the Mushaf.
Second: The mobile phone does not contain except the Quran program, where it appears on the screen for reading, in other words that the phone is only used to read the Quran and it has no other programs. In this case, the impure person is not permitted to carry it.
This is what I outweigh on the issue, Allah Knows best He is Most Wise.
Wassalaam Alaikum wa Rahmatullah wa Barakatuhu
Your brother,
Ata Bin Khalil Abu Al-Rashtah
17 Dhul Hijja 1434 AH
1/10/ 2013 CE
The link to the answer from the Ameer’s Facebook page:
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