The Western Wall and Jewish Worship in Jerusalem

Fatwa Regarding the Necessity of Preventing the Jews from Prayer at the Halting Place of Al-Buraq

By the Shaikh, the High Ranking Scholar, the Faqih and one of the Authorities of the Hanbalis: Yusuf ibn `Abdullah ibn Sufan Al-Qaddumi (d. 1351 AH),[1] may Allah have mercy upon him

This ruling was read and accepted in Al-Masjid Al-Aqsa, may Allah ennoble the place

The text is as follows:

بسم الله الرحمن الرحيم

In the Name of Allah, the Merciful, the Compassionate

The following question was put to the Marja`:

What is your statement regarding when the Jews intend to gather and manifest the peculiar aspects of their religion – in matters such as prayer, raising the voice while reading books – at the halting place of the Noble Buraq[2] that is one of the sections of the Al-Masjid ul-Aqsa along with the shrines of the Muslims?

In addition to this, what is your statement regarding their intent on erecting a temple on the site?

Is this action of the Jews something that can be accepted according to the judgements of the Pure Revealed Law although it annoys or causes harm to the Muslims?

Is it compulsory to prevent them from that area? What are the explicit texts of the scholars of fiqh and what have they specifically said on the topic?

And further to this, what clarification do we have from a scholar of fiqh that is authentic to narrate from and what is the proof? Please benefit us with a detailed answer.

Imam Yusuf Al-Qaddumi (d. 1351 AH) tendered the following reply:

Praise be to Allah Alone.  Dear reader, you should know that this subject is wide indeed in terms of the scope and its means of research are also the same. The origin of this matter returns to the conditions that were set by `Umar, may Allah be pleased with him, for the people of covenant after the conquest of Sham and his men in the conquering army followed the same pathway.

`Umar kept them on that path and this was passed down to the Imams of the Religion and the virtuous ones of the Muslims. They noted down these conditions in their books and they are popularly known and well documented with evidence and the speech of the scholars of fiqh – may Allah have mercy upon them – in connection to a decisive word which all judgements are based upon as they are the bearers of the knowledge and narrators of the Religion.

So with this being established, we come to you with some of what was explicitly narrated from the Imams of our Madhhab but at the same time adhering to a very truncated reply as per necessary.

-1-

Research on the Words Temple and Prayer Place

Al-Qamus narrates that the Arabic word kanisah meant:

The kanisah is a place taken for worship by the Jews.[3]

In the same work, the word Al-Bi`ah is:

Al-Bi`ah is a place in which Christians have taken it for worship. [4]

The lexicon Al-Misbah mentions:

Al-Bi`ah is for Christians[5] while Al-Kanisah is a temple for the Jews.[6]

-2-

Research on the Judgement in Question

Our first source of authority shall be the Imam, the Faqih, Shaikh of the Sunnah, Mufti of the Ummah, Master of the High Ranking Scholars, Imam of the Hadith Scholars, Muwaffaq ud-Din `Abdullah ibn Ahmad Ibn Qudamah Al-Maqdisi As-Salihi Al-Hanbali.

He is a saintly man who avoided the earthly life, author of the works Al-Mughni, Al-Muqni` and was gentle, benevolent and humble. Whoever saw this man, it was as if he saw one of the Companions.

The king of the era, Al-`Aziz ibn Al-`Adil, used to visit this Imam frequently to take benefit and advice. The Imam died on Saturday, 1 Shawwal – corresponding to `Eid ul-Fitr – in the year 620 AH in Damascus. He was buried at the base of Mount Qasiyun, may Allah have mercy upon him.[7]

The Imam mentioned in his book Al-Muqni` under chapter of the judgements of the people of covenant on p. 240:

They should be prevented from publicly preaching their book, manifesting their wrong and building new temples and synagogues. [8]

Our next authority is the Chief Qadi, one of the High Ranking Imams, Shams ud-Din Muhammad ibn Muflih ibn Mufarraj Al-Maqdisi As-Salihi Ad-Dimashqi. He died in the year 763 AH and was buried at the base of Mount Qasiyun. May Allah – Exalted be He – have mercy upon him.[9]

He wrote the text Al-Furu`. This book is from the most noble, beneficial put together that has manifest blessings and it is in a large and noble print. In the said text under the chapter of the Judgements of the People of Covenant:

They are to be prevented in a compulsory fashion from raising voices with reading their books in public. Our Shaikh – meaning Shaikh ul-Islam Ibn Taymiyyah – has also said, ‘It is not for the Jews to manifest any of their religion in Dar ul-Islam at all at any time.’

He also mentioned at another point in the text under the chapter of the Judgements of Temples, Churches and Fire Temples of the Parsis:

They are to be forbidden from erecting new temples/synagogues, churches as was mentioned by our shaikh, who also said, ‘This ruling is Consensus.’ [10]

The Imam continued on in another place:

Destroying synagogues in the lands which were conquered like in the case of Egypt, Sham is permitted when there is no open harm that will come.[11] The same ruling holds for when they are forbidden from building these structures after they have fallen into ruin and the remains that they possess are no longer their property.

Rather the remains of these structures are property for us. When the Prophet, peace and blessings of Allah be upon him, conquered Khaibar the remains of the buildings were still in the hands of the people present there at the time.

The Prophet, peace and blessings of Allah be upon him, said to them, ‘We leave to your disposal what we so choose to do.’ Then when `Umar, may Allah be pleased with him, was declared khalifah he expelled them from Khaibar.

The people of covenant are also forbidden from entrance into the masjids that are occupied and in use. This is the statement of `Umar and `Ali, may Allah be pleased with both of them. The reason for this is that the Muslim is forbidden from remaining in the masjid when he or she is in a state of major hadath – like in the case of the monthly cycle or junub.

Now then, rejecting faith in Allah, Exalted be He, is a better reason to be prevented from entrance into the masjid. Imam Ibn Al-Jawzi, may Allah be pleased with him, said in his commentary: ‘It is compulsory to forbid them from entrance into the masjid.’ [12]

Our next authority is the Shaikh of the Madhhab, `Ala’ ud-Din `Ali ibn Sulaiman ibn Ahmad As-Sa`di As-Salihi – who is popularly known as Al-Mardawi – and he is the Imam.

He is also the high ranking scholar of many sciences – both of religion and plenary – one of the wonders of the time, the expounder of the sciences, author of many superior and splendid works. This includes books such as Al-Insaf, At-Tanqih, At-Tahrir fil-Usul.

The senior scholars and outstanding jurists would set out to visit and take benefit from the Imam, who died in the year 885 of the Hijrah in the Salihiyyah district of Damascus. He was buried at the foot of Mount Qasiyoun, may Allah have mercy upon him. [13]

In one of his works, Tashih ul-Furu`, he has mentioned their being prohibited from the masjid in use:

That is indeed the correct position. So in the case of the Muslim being prevented from remaining in the masjid due to his state, then to prevent the people of covenant from entrance into the masjid is more abstentious and more befitting. It is also allowed in cases of dire necessity for them to enter when it poses a clear benefit and rectification. [14]

We now want to source a quote from the Imam, Possessor of the Clear and Forbearing Religion, the well-grounded in knowledge, Sharaf ud-Din Abun-Naja Musa ibn Ahmad ibn Musa Al-Maqdisi As-Salihi Ad-Dimishqi – popularly known as Al-Hajjawi – and he is the high ranking and zealous scholar, the Mufti of the Hanbalis in Damascus.

The said Imam is depended upon in fiqh, the author of many works that the people have come to meet with acceptance due to his good effort and pure intention. One of these works is Al-Iqna`.

The Imam died in the year 968 and was buried at the foot of Mount Qasiyoun, may Allah have mercy upon him.[15]

In the text Al-Iqna` on pp. 716-717 under the chapter of the People of the Covenant, the Imam remarks:

They are prevented from manifesting their religion publicly and it is also forbidden for them to use or transact with Muslims with wealth they would use for synagogues.  [16]

Imam Al-Hajjawi goes on to say on page 719 in the said work above:

They are prevented from building a new church or synagogue in Dar ul-Islam. They are also to be prevented from building monk cloisters, widening them or building extensions as this has the same meaning as renewing, consecrating or building.

They are also to be prevented from renewing, rebuilding what was destroyed as it is like building a synagogue in Dar ul-Islam so they are forbidden from that just the same as they would be prevented from beginning to build a new synagogue.

Furthermore, they are prevented from raising voices with the recitation of their books as this was mentioned in the conditions set by Ibn Ghanam when he said: ‘…and we do solemnly pledge not to raise our voices in the prayer in the synagogue, nor reading hymns in our churches in places where Muslim neighbours are present. We will neither display in public any cross nor book among the Muslims in public.’  [17]

There is another quote from the said Imam on p. 726 on the topic:

It is not for them to be given entrance into a masjid in use even if by permission of a Muslim. [18]

This ruling is clear and explicit in that it is forbidden to sell to them or trade with them in what would be used for a synagogue. This means further that it is forbidden for the man to sell them land that they would use for a synagogue. They are likewise forbidden from building a synagogue on land which is set aside as an endowment for the generality of the Muslims and this is even more emphasised.

The reason for this is that a Muslim possesses a right to seek prevention of this happening and in the same respect these people are to be prevented from erecting a new synagogue. So in the same respect we are forbidden from selling them land for the purpose and they are forbidden from building synagogues on what lands they possess.

We also have the words of the high ranking scholar of fundamental principles, the Faqih, the Shaikh, known as Mansur ibn Yunus Al-Buhuti. He was one of the mountains of knowledge in his time.

This scholar has numerous commentaries that are beneficial indeed. One of them is the commentary on Al-Iqna`. The Shaikh died in Egypt in the mid-morning of Friday 10 Rabi` ul-Awwal in the year 1051 and was buried near his native people, may Allah have mercy upon him.[19]

The Imam gave a ruling similar to what we have heard above when he said:

The reason for this ruling of prohibition is that the great conqueror, `Abdur-Rahman ibn Ghanam made a number of conditions upon the people of the Palestinian territory and his letter to the people was explicit and had the following: ‘If we should renege, break the condition we made against ourselves and the agreement of security, then there is no covenant for us.

When this happens, it then becomes valid for you to do with us what is permitted with the people of opposition and enmity.’ `Umar then commanded him to make sure they marked the covenant for them and they accept it.  [20]

And the disputation and contradiction taking place today in Palestine at the hands of the Jews is the very essence of stubbornness, dissension and they are both violations of what they agreed in the beginning with the Muslims.

The judgement made at the time was one and unified and the condition is one. This specific ruling is compulsory on the land and whoever should have the authority, namely that any ruler should not affirm or allow them their rebellion and sectarianism.

Any ruler or judge in this case should take firm hold of the truth and keep the right of the trust established.

Imam Shams ud-Din Ibn Muflih Al-Maqdisi said in Al-Furu` under the chapter of What Nullifies the Covenant:

The covenant would be nullified by manifesting what they had agreed as a condition to keep hidden of their religion. Ibn Shihab and others besides him mentioned: ‘The people of covenant are obligated to adhere to what was mentioned in the conditions laid out by `Umar.’ This was also discussed by Ibn Rizin but Ibn Shihab also made the following inquiry: ‘If some of the people of covenant are resident in the cities of Sham in general, should they be made to adhere to these conditions or not?’ [21]

Consider also the statement of the Imam, high ranking scholar, the Shaikh of the Madhhab, Shihab ud-Din, the Faqih of the fundamental principles, Muhammad ibn Ahmad ibn `Abdul `Aziz Al-Futuhi Al-Masri.

This high ranking scholar was given leadership of the madhhab of Imam Ahmad and then died around the year 980 in Egypt, may Allah be pleased with him. [22]

The Imam mentioned in his work, Al-Muntaha:

They are to be prevented from erecting new synagogues, temples and places where they would gather for prayer in any portion of the lands of the Muslims. This ruling holds whether it is an urban development of the Muslims – like Baghdad, Al-Basrah and Wasit – or what has been conquered – like in the case of Egypt and Sham – and it is not permitted to make a treaty with them on the condition of their erecting a synagogue or temple in the land of the Muslims. [23]

Then he went on to say:

It is not permitted to build in these lands gathering places for kufr and likewise erecting new cloisters as per the statement of `Abdur-Rahman ibn Ghanam regarding the people of treaty: ‘…We will not erect a midrash school nor a cloister for a monk…’ And they are to be prevented from manifesting any evil and from reciting the book publicly among the Muslims. [24]

The Imam then summed up by saying the following:

It is not for an unbeliever to enter a masjid even if it is with the permission of a Muslim who is inside. This is based upon the hadith of Abu Musa when he came to `Umar and he had with him a letter bearing his judgement. `Umar said to Abu Musa, ‘Call the one who wrote it to read the decree out to the people and part of it is that one of them is not to enter the masjid.’

Abu Musa asked, ‘Why is he refused entry?’ `Umar replied, ‘He is a Christian man.’ This is explicit proof of their agreement on that the unbeliever is not to enter the masjid.  [25]

These are the explicit texts of the scholars of fiqh, may Allah – Exalted be He –  have mercy upon them, that are clear in calling to the prevention of the Jews from having a presence at the Noble Halting Place of Al-Buraq which follows the wall going around Al-Masjid Al-Aqsa.

They are likewise to be prevented from gathering there, manifesting the particulars of their religion or erecting a synagogue for themselves there. In fact, it is not permitted for a Muslim to sell his land to them for that purpose. And even if the said Muslim is selling the land in terms of trade, then this is still impermissible.

How could it be allowed to erect a synagogue on a land set aside as an endowment for all the Muslims? When this is known, it is even more important to prevent them and a greater level of impermissibility in this subject in the purest and most explicit sense.

This is said as every individual from among the Muslims has a right to repel and prevent and seek to stop the Jews from doing these actions in the land set aside as an endowment for them.

The Imam, Muhammad ibn Jarir At-Tabari narrated with his chain of transmission all the way to Abu `Ubaidah ibn Al-Jarrah, may Allah – Exalted be He – be pleased with him, who was the esteemed leader in the march of the conquest of Sham.

One of the general directives to Abu `Ubaidah from the Leader of the Believers, `Umar regarding the Christians of Jerusalem was that: “No Jew should live among them in their neighbourhoods but separate.”[26]

Whoever should declare such a thing permitted while knowing of the prohibition discussed above and what is transpiring in the land, then such an individual has committed kufr as he is assisting in giving life to the particular and special attributes of kufr, strengthening it and showing opposition to the True Religion and the vast swathes of Muslims.

So it is due to these causes that it is specifically necessary for the leader of affairs for the Muslims that he not make it possible for them to have entrance into this holy place and that he prevent them from gathering there as it is a blameworthy and wrong action.

It is also specifically necessary for the Muslims in their general numbers wherever they are found to fight against this series of events, oppose them as long as it is present and to fight it. This is required as doing this is giving life to the peculiar and particular outcomes of the Religion.

And with that being said, the honour and might belongs to Allah, His Messenger and the believers in whole. And Allah, Glorified and Exalted be He, knows best.

This was written by the destitute servant of the knowledge of Revealed Law in Nablus,

Yusuf Sufan Al-Hanbali

And may Allah pardon him

 

[1] AD 1932

[2] Trans note: the Jews refer to this and the adjoining section of the wall as the Ha-Kotel or the “Western Wall.” English speakers refer to this as “The Wailing Wall.” Orthodox Jews believe this wall represents the last portion of their temple that once stood until destruction in the year AD 70 by Roman troops who conquered and devastated Jerusalem.  Cf. Concise Companion to the Jewish Religion by Louis Jacobs, pp. 294-295

[3] Al-Qamus ul-Muhit by Al-Fairuzabadi, pp. 570-571

[4] Al-Qamus ul-Muhit by Al-Fairuzabadi, pp. 703-705

[5] Al-Misbah by Al-Fayyumi, vol.1, pp. 66-69

[6] Al-Misbah by Al-Fayyumi, vol.2, pp. 540-542

[7] cf. Tabaqat ul-Hanabilah, vol.3, pp. 105-118

[8] cf. Imam Ibn Muflih’s Al-Mubdi`: Sharh ul-Muqni`, vol.3, pp. 378-379

[9] cf. As-Suhub ul-Wabilah `ala Dara’il il-Hanabilah, vol.3, pp. 1089-1094

[10] Al-Furu`, vol.10, pp. 336-338

[11] Trans. note: this refers to when they are not in use. This point is cited two pages after the relevant quote.

[12] Al-Furu`, vol.10, pp. 336-338

[13] cf. As-Suhub ul-Wabilah `ala Dara’ih il-Hanabilah, vol.2, pp. 739-743

[14] Tashih ul-Furu`, vol.10, pp. 342-343

[15] cf. As-Suhub ul-Wabilah `ala Dara’ih il-Hanabilah, vol.3, pp. 1134-1136

[16] Al-Iqna`, vol.2, pp. 48-49

[17] Al-Iqna`, vol.2, pp. 49-51; Kash-shaf ul-Qina` `an Matn il-Iqna`, vol.3, pp. 132-133

[18] Al-Iqna`, vol.1, pp. 322-323

[19] cf. As-Suhub ul-Wabilah `ala Dara’ih il-Hanabilah, vol.3, pp. 1131-1133

[20] Kash-shaf ul-Qina` `an Matn il-Iqna`, vol.3, pp. 142-143

[21] Al-Furu`, vol.10, pp. 353-354

[22] cf. As-Suhub ul-Wabilah `ala Dara’ih il-Hanabilah, vol.2, pp. 854-858

[23] Sharh Muntaha al-Iradat, vol.1, pp. 665-667

[24] Sharh Muntaha al-Iradat, vol.1, pp. 665-667

[25] Sharh Muntaha al-Iradat, vol.1, pp. 665-667

[26] At-Tarikh ul-Kabir, vol.3, pp. 608-609

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Imam Salih Ash-Shami’s Summary on Al-Bukhari and Muslim’s books is available

The following video is a short explanation by Imam Salih Ahmad Ash-Shami, may Allah preserve him, on the reason for starting his detailed and exhaustive journey into the world of hadith at little more than twenty years of age.

When discussing himself on the topic, he started by saying that he was shy to begin as he was “advanced in age.” The reason for this statement is more people begin their work in the field earlier, perhaps around 13-16 years of age.

To begin later than that, one is humorously classed as “advanced in age.” Please view and take a look at the efforts put to use in order to serve the needs of Muslims at large.

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A short question and answer by the late authority, Imam `Abdullah Muhammad An-Nuri

The above video is a short presentation offered by the late marja`, Imam `Abdullah Muhammad An-Nuri, may Allah have mercy upon him. He is the very first marja` to every be captured on television and also to allow regular call-ins on air with extended lectures.

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Test Tube Babies, Surrogacy and IVF

The following query was put to the maraji`:

What should be the ruling regarding someone who wants to have a “test tube baby” or IVF?

Imam Muhammad Sa`id Ramadan Al-Bouti (d. 1434 AH), may Allah be pleased with him, answered in the following manner:

The Revealed Law has safe guards in place to protect human life and the judgement is that it is impermissible to result to what are known today as “test tube babies” due to the human lineage.

For a surety, if this door was to be opened and the safeguard removed, this would be the means to numerous other impermissible affair, the most dangerous and most severe being the pollution and admixture of human lineage. [1]

 

Imam Wahbah Az-Zuhayli, may Allah preserve him, answered the questioner:

As for IVF, then this is permitted just as has been confirmed at the National Fiqh Congress according to the understanding that this is only done between a man and his wife. It has to be stressed that one of the points given is that the sperm should not come from other than the married couple. Furthermore, the sperm should not be deposited or put in the womb of any woman besides the wife. [2]

[1] Ma` An-Nas: Mashurat wa Fatawa, vol.1, pp. 239-240

[2] Fatawa Ma`asarah, pp. 229-230

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Giving Zakat ul-Fitr to the Masjid

The following question was put to a marja`:

Is it permissible to maintain masjids with Zakah ul-Fitr or wealth meant for it?

The marja`, Imam Muhammad Zahid Al-Kawthari (d. 1371 AH), may Allah be pleased with him, said the following on the topic:

This question was put forward by `Abdul Maqsud Muhammad and the answer was printed in the number of the issue in the month of Safar Al-Khair in the year 1366AH in Al-Azhar Magazine.

The noble teacher put a personal stamp on this answer and said, “The Imams have differed in that matter. Some consider it permitted while another party forbid it but the evidence for those who take the position of prohibition is weak. As for the understanding that it is permissible, this is based on the strong evidence on the matter.”

The claim that permissibility is based on strong evidence is their understanding so that this made the answer like begging the question. He made the permissibility revolve around all acts of righteousness but not maintaining the masjids.

You can see the following statement from Ibn Hubairah Al-Hanbali[1] on the topic:

“The scholars have unanimously agreed on that it is neither permissible to discharge the Zakah for the building of a masjid nor the enshrouding and burying of the dead; this is even if it is the near relative that has Zakah set aside for that individual.”[2]

By “unanimously” he is referring to the Consensus of Abu Hanifah, Malik ibn Anas, Ash-Shafi`ii and Ahmad ibn Hanbal and their students on the impermissibility of discharging the Zakah to the masjid. This shows the agreement of those before them on the matter from the fiqh scholars of the Companions and Followers.

Imam Malik ibn Anas in Al-Mudawwanah is quoted as saying,

“It is not permissible that any of the individual’s zakah be given for the burial shroud or interment of the deceased as this type of Sadaqah is only for the destitute, the needy and the rest that Allah has mentioned. This form of sadaqah is not to be given for the dead nor the building of the masjids.” [3]

Ibn Hazm[4] mentioned in Al-Muhalla:

“When the topic of Zakat ul-Fitr is discussed, one of the grades is ‘striving in the Cause of Allah in the literal sense.’ ” [5]

This is a hadith of `Ata’ ibn Yassar being made reference to on the topic. Ibn Hazm further said, “The hadith runs, It is not permissible to give this type of Sadaqah to a wealthy man except a fifth given to the warrior marching out in the Cause of Allah. This is based in the hadith.” [6]

The argument being put forward is that the intent of “in the Cause of Allah” is that the Zakah may be discharged to the individual that is a warrior marching out to war. The author of Al-Muhalla goes on to say,

“There is no dispute in that He, Exalted be He, was not making reference to every type of righteousness in the topic of people deserving to receive Sadaqah. Thus Zakah is not to be given except when there is a clear text and this was already mentioned by ourselves beforehand.” [7]

This refers to the warrior and he is specifically mentioned in the ayah under the heading of in “the Cause of Allah” in the aforementioned hadith which was collected by Malik ibn Anas, `Abdur-Razzaq As-Sana`ani, Abu Dawud and Ibn Majah.

This is evidence that the sense of “Cause of Allah” makes clear reference to the warrior as the context of the word and the ayah is agreed upon among the fiqh scholars of the Companions, their Followers and those after him up until the time of Ibn Hazm.

Al-Qadi Abu Bakr ibn Al-`Arabi[8] said in Ahkam ul-Qur’an:

“Imam Malik said, ‘The Causes of Allah are many but I do not know of any dispute in that the intent of the Cause of Allah in the ayah here is none other than war.’ ” [9]

After citing the hadith of `Ata’ ibn Yassar previously referenced, Imam Muhammad ibn Al-Hasan Ash-Shaibani said in Al-Muwatta’,

“Muhammad has said, ‘By this understanding we know that the warrior is who is being referenced in the Cause of Allah.’ ” [10]

Imam Badr ud-Din Al-`Aini[11] has said in `Umdat ul-Qari:

“Ibn Al-Mundhir explained in his text Al-Ishraf: ‘The statement of Abu Hanifah and Al-Qadi Abu Yusuf is that the expression in the Cause of Allah refers to a warrior who is not wealthy and is enriched.

Abu Thawr narrated from Abu Hanifah that the warrior is less than the Hajj goer. Ibn Battal mentioned that this is the statement of Abu Hanifah, Malik and Ash-Shafi`ii. A similar statement was mentioned by Imam An-Nawawi in his commentary on Al-Muhadh-dhab.’

Ibn Al-Mundhir attributed to Abu Hanifah and his companions that they made it a condition that the warrior be poor in order for him to be a recipient of the Zakah as mentioned in the ayah.

The intent of this is clear and the ruling is that it is praiseworthy to give Zakah to the poor warrior headed out to battle as we have narrated from Imam Muhammad.” [12]

In deducing the evidence for the companions of Ash-Shafi`ii on that the intent of ‘in the Cause of Allah’ refers to warfare, Imam Yahya An-Nawawi in his Al-Majmu` said the following:

“Our Companions deduce as proof that the understanding is use. The immediate and first meaning of the expression ‘in the Cause of Allah, Exalted be He,’ goes to warfare. Most of what has come in the Mighty Qur’an using this expression refers to warfare.

The Companions of the School also deduce as proof of this the hadith, ‘Sadaqah is not permitted for the wealthy one except in the case of the fifth to be given.’ And of the categories he mentioned was the warrior. And of the eight categories mentioned in the ayah, no one has been given the title of combat besides those given a portion ‘in the Cause of Allah.’ ” [13]

The reality in the Revealed Law is immediately seen by the understanding used by the people of the Revealed Law.

[1] 499-560 AH (AD 1105-1165). He is Abul Muzaffar Yahya ibn Muhammad ibn Hubairah Ash-Shaibani Al-Baghdadi. Hanbali marja` and extensive writer on the topic of Usul ul-Fiqh.

[2] Al-Ifsah, pp. 106-108

[3] Al-Mudawwanah, vol.2, pp. 59-60

[4] 384-456 AH (AD 994-1064). He is Abu Muhammad `Ali ibn Ahmad ibn Sa`id ibn Hazm ibn Ghalib Al-Farsi Al-Qurtubi. Persian man of letters, he attempted to revive and popularise a contrived madhhab. He is often used by liberals and false academics in quoting bizarre legal understandings or for dispensations on agreed upon matters. cf. Ibn Al-`Imad in Shadharat udh-Dhahab, vol.3, pp. 296-299

[5] Al-Muhalla, vol.6, pp. 149-151

[6] Al-Muhalla, vol.6, pp. 149-151

[7] Al-Muhalla, vol.6, pp. 149-151

[8] 468-543 AH (AD 1076-1149). He is Muhammad ibn `Abdullah ibn Muhammad Al-Ishbili Al-Maliki. Contemporary and student of Hujjat ul-Islam Al-Ghazzali, he is the author of many famous works and a high level authority in the Maliki school of fiqh. cf. Ibn Al-`Imad in Shadharat udh-Dhahab, vol.4, pp. 139-141

[9] Ahkam ul-Qur’an, vol.1, pp. 394-397

[10] Al-Muwatta’, pp. 177-179

[11] 762-855 AH (AD 1361-1451). He is Abu Muhammad Badr ud-Din Mahmud ibn Ahmad ibn Musa ibn Ahmad Al-`Aini Al-Hanafi. Hadith commentator and Hanafi marja`, he was Cairo’s most senior fiqh and hadith scholar in his time. He wrote the indispensable Hanafi commentator on Al-Bukhari, `Umdat ul-Qari Sharh Sahih il-Bukhari.

[12] `Umdat ul-Qari fi Sharh il-Bukhari, vol.4, pp. 390-392

[13] Al-Majmu` Sharh ul-Mahadh-dhab, vol.6, pp. 210-212

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Secularism and Anti-Theism

Every one of you is a shepherd and responsible for his flock

By Imam `Abdullah An-Nuri [1]

The Missionaries of Secularism and Anti-Theism have waged war against us with their astrayness and they have found in our youth acceptance of their astrayness. The reason for this is that these youth are ignorant of the Religion, knowing neither its’ value nor teachings.

These same missionaries are trying to completely destroy these values and uproot them from the hearts of the babies and youth so that a generation shall come in which these youth will now be men malleable to every call and ready to go to war for them.[2]

Based upon this, the armed West has opened the doors to these missionaries and called the Ummah – both in the East and the West – so that they might replace the current culture with the new one.[3]

The Muslims who are ignorant of their religion rejoice in this squawking and open their hearts in order to take it in, both the hearts and minds of these people begin to take heed of this message.

The Pure and Unadulterated Islam has more right to such acceptance and adherence from the Muslims and that they might enjoin their children to follow it. The same Islam has made each and every individual from the Ummah a shepherd and directly responsible for everyone in his flock.

The One sent with this Religion, the Conveyer and the Teacher,[4] peace and blessings of Allah be upon him, said, “Every one of you is a shepherd and each and every one of you is responsible for his flock.”[5]

When the responsible people neglect this duty, the next generation is laid waste. When one lays waste to the future generation this will in turn impact the future of this Ummah.

Let everyone be responsible, righteous and pious – whether it is the father, brother or teacher – to those under his responsibility. Let him command them with righteousness and do so in front of them and not act in a contradictory manner.

This is especially the case with regards to impressionable children, as they are more likely to submit to and follow such a call from Secularist missionaries, whether they are boys or girls.

Impressionable children have a natural level of acceptance towards goodness when they are taught in a manner showing them how to be righteous and the matter is explained where they can come to see the goodness in it.

The guardian teaches the small child truth so that he does not lie, commands him with justice so that he does not commit oppression, forbids him from doing things that are not good. When he forbids him from doing something wrong, he should be sure not to himself commit that same wrong in front of him.[6]

The reason for this is that the small child is a mirror and this contradiction leads the child to do so as the father or guardian is older than him. In circumstances such as these, the child follows the guardian or parent without evidence and knowing the reasons for the said action.

The small child imitates the guardian and believes in the perfection of the one giving him his upbringing. He will boast to his friends about what was taught to him by his father, paternal uncle, maternal uncle or his older brother and what he does or how he imitates one of these people.[7]

Much of the actions committed by the father are internalised in the small son, who upon gaining his majority does what his father had done without reflection, care and without understanding the reason why. He will not even care about the consequences of committing these said actions. He merely follows.

Much of what has damaged the young boys and girls and has corrupted them as young men and women is precisely the imitation of those responsible for them. These young children have followed these adults on account of their not being able to find those who would set them straight after being crooked or take them from their mistakes and show them what is correct.

The father is involved in his delights to his heart’s content but the situation of the sons and daughters of his household does not concern him. He will only come to them – the sons or daughters – bringing food and clothes, thinking that this is all that is required in life.

This same father leaves them free reign to do as they please, so they grow up exactly how he left them. The short term outcome of this is bad for the family and evil for society in the long term.

Where is the one who knows his Religion so that he might rightly raise the one who has no religion? Where is the man committing to memory etiquettes and such while there is someone without any etiquette whatsoever?

And where would he get the understanding to follow his original culture when his parent or guardian is happy to rush towards the very thing that opposes all of what he knows?

And where is the enlightened and upright individual who knows of no error in his Religion and is aware of his obligations and the conditions of the creation around him? How could such a one even exist when the one responsible for him is ignorant of the actual Religion that would teach the child these matters?

This situation does not differ from one place to another. It is as much in the house as it is in the school. It is just as much the blame of the father as it is the teacher.[8] The father or teacher does not command with righteousness but instead command is exercised over him.

He does not forbid the wrong. Instead, he is forbidden to do such things.[9] The visible signs of the Religion are not established in the home or the school, so the child is neither here nor there. What traces remain of the Religion are here and there and nothing complete.

So then here come the missionaries of Secularism and Atheism,[10] ever vigilant and waiting for the slightest chance to administer their poison. They know the poison is ready for injection when they find the two twins of ignorance and neglect present in the same people.

It is even better when the people targeted have a twig’s worth of knowledge of the Religion; this enables the process to be accelerated, the poison to go deep into the heart and find a resting place from which Anti-Theism will later grow.

So what has our generation come to that we seek ‘the good life’ and glory in our deeds, that they might be followed, that those who follow them might boast of them and follow other things as well?

And it is with great sadness and trepidation that I report that our youth have gone into the ways of the Secularists, seeing the light as darkness and right guidance as falsehood to the point that they have changed their virtuous names to disgusting names.[11] They have declared the Religion backwardness and adherence to it as “retrogressive” and “conservatism.”

Each one of these children should receive no blame; the blame is upon those responsible for him. The responsible are to blame as they fled from the Religion or were ignorant of its value or they took hold of harmful customs and culture that are far from the Religion along with exposing this tribulation to the child.

Our Religion – praise be to Allah – is a light in every time and place but we are ignorant of it and put in it what does not belong to it. We declare as part of it what has no part in it out of stubbornness from us and following ignorant and astray imams who have put things in Islam that are not from it. These imams are astray, go further astray and then lead others astray.

Islam, praise be to Allah, is for reflection and thinking in totality. The Prophet Muhammad, peace and blessings of Allah be upon him, came with Islam to a people who think and reflect. It is ease and not hardship, rest and not difficulty. It is guidance without any astrayness in it. Indeed, Islam is just as the Master of the Messengers, peace and blessings of Allah be upon him, described it, “…clear guidance, its’ night is like its’ day.”

Dear Muslim brother or sister,

Come to Islam. Salvation lies within. Come with me to the clearest path so that all of our ways and states might be rectified. Let us do this until we come to measure and demarcate by the light we find in order to see if in fact we are truly Muslims. Are we really exemplifying this noble call to Islam?

You who believe, save yourselves and your families from a fire that has as its’ fuel men and stones. Angels that are stern and mighty stand guard over it. They do not disobey their Lord in what He commanded them and they do as they are told.[12]

[1] Trans note: Taken from `Ulama’ wa A`lam, vol.1, pp. 632-634, ed. no. 22, Rabi` ul-Akhir 1387

[2] Trans note: Remember that the marja` is writing these in the early 1380s (beginning of the 1960s pagan era). Those referenced that have grown up to be men have now had children. Look at the Arab world and the wider Muslim world and see if this rotten fruit has ripened. As much as he is speaking about this group of people that have already hatched, he is speaking to those in the aftermath who with their understanding can put the pieces together, assess the damage and go on the offensive, moving forward with the faith. That generation previous to them is very much a ‘throw away’ and ‘lost generation.’

[3] Trans. note: Culture here is not referring to just dietary laws and eating habit, but the actual Religion and all matters associated with it.

[4] Trans note: These are all titles referencing the Prophet Muhammad, peace and blessings of Allah be upon him.

[5] Collected by Imam Muslim ibn Al-Hajjaj in Al-Jami` us-Sahih, Book of Leadership, under the chapter of the Virtue of the Just Leader and the Punishment for the Tyrannical Ruler and classed by him as authentic.

[6] Trans note: This means the father has to be on guard so that he is an upright example and not guilty of the same crimes from which he warns his children.

[7] Trans note: This is especially visible in small children. One can often hear them speaking to each other about the things someone has taught them and how they will or will not do it.

[8] Trans note: This is referring to government schools that actively sought to replace the original kuttab system in the Muslim world in order to systematise nationalist rhetoric and feeling. One can know which country of origin these settler education institutions come from just by perusing what language of instruction they teach the pupils in each day.

[9] Trans. note: This means there is some external authority regulating him and controlling him. It will either prevent him from instructing the children or distract him from doing so at crucial points in the child’s life.

[10] A distinction is made between Secularism (Ar. `ilmaniyyah) and Anti-Theism (Ar. ilhad) based on the context they are used in and the words. Secularism involves the equalising of things initially, such as religious indifferentism, moral relativism, androgyny and so forth. Once all religions, social customs are held on one platform, Anti-Theism then comes, aggressive towards all manner of religion and bringing in whatever culture the conquerors or missionaries espouse (i.e. Americanism). This was detained in Imam Muhammad Al-Khidr Hussain’s ground breaking work on the subject.

[11] Trans note: this refers to the practice of some Muslims changing their names to those of the pagans in order that they might imitate the intruding culture and ideas. This has been accelerated through television.

[12] Surat ut-Tahrim (66), ayah 6

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The Strategic Importance of the Arabic Language

 

The Qur’an, Arabs and Arabic [1]

By Imam `Abdullah An-Nuri

Before and after Islam, the Arabs were the same people but a fundamental change swept over them that would differentiate between how they had been previously and the end product. Allah, Majestic is His Mention, sent His Messenger Muhammad, peace and blessings of Allah be upon him, sent down a book upon them in their language so that he might teach and purify them.

Before the revelation of the Qur’an, the Arabs were in the depths of the age of Ignorance and astrayness that rendered them blindmen. Any one of these men might purposely go to an infant daughter, take her and bury her alive due to the shame of having so many daughters.

These people were in utter scandal, with nothing to unite the hearts or gather the tribes together. They were thus in a perpetual state of war and enmity with one another with habitual bloodshed as the norm.

The society of that day had a class system. The lords and the lorded over, the elite and the low, the free and the slave. The strong devoured the weak and the mighty among them would forge idolatrous images out of dust and seek aid from them. He would prostrate at the foot of the idols and seek help and support from them.

Allah in the Qur’an made reference to this numerous times in many places. Allah, after the Revelation, even reminded these people of the Favour upon them when He united their hearts upon Islam when they had been enemies beforehand.

He permitted for them the pure and wholesome things and forbade them the filthy and unclean things along with meat found dead, blood and the flesh of pig. He also forbade them from the worship of idols and what cannot hear the call and cry of the seeker.

Allah showed the flaw and blame of this when he said,

When any one of them is given the glad tidings of the birth of a female, his face is gloomy and he is filled with grief. He hides away from the people due to the evil of what he has been informed. Will he keep her or bury her deep in the earth? Evil is such a decision being made.[2]   

The Qur’an was sent down to a people who at the time were in darkness and the tribes were in a state of war. The Messenger – by the command of Allah the Exalted – called the people to the Oneness and Uniqueness of Allah, to worship Him Alone, the unification of direction for men and the liberation of man from the slavery to other than Allah.

The call of Islam was that there is no god but Allah and He is One and Unique without partner for Him. This means that Allah Alone is worshipped and none besides and that man has been endowed with nobility that should prevent him from subjugating himself to someone besides the Creator, Sustainer and Shaper for worship.

Man is to be considered the brother of his fellow man, he is not to use his strength to overcome the weaker among mankind. All men were taken to be brothers with no virtue of one man over another except by piety.

So they heard the voice of truth, believed in it, read and recited that which He sent down on His Messenger and thus the purification of the soul began and the path of true righteousness was laid out.

Their faith took them from ignorance and removed them from the mirage of astrayness and they now firmly placed themselves on the path so that they become the first family of the Ummah of the Qur’an. The Arab nation became manifest and known to the world after Islam.

Beforehand they were unknown and Islam then took them from being forgotten about by the world to the world hearing and seeing them and becoming a part of the best Ummah every brought forward for humanity.

They call to good, command with righteousness and forbid from the wrong.[3]

The people referenced in the ayah teach others the truth, command with justice and goodness, command with truth and patience so that they might connect with and bring the good that impacts the whole of creation.

And with Islam the Arabs entered into the full light of history and civilisation. The Book of Allah became a constitution for their state, the law of their judges, the basis of their society, the schoolteacher of the young and old among them.

The Book of Allah is the commander and forbidder in all points in life, whether it be the masjid, the school, at home, trade and work and conditions that pass by mankind or he passes by and this indeed became the reality established by history. No one can deny this except for the arrogant ones who ignore history’s lessons.

We understand from this that Islam is what taught the Arabs the meaning of honour, guided them to brotherhood and affinity towards others, with this leading to them tasting the sweetness of glory and majesty in the end.

These people believed that the Qur’an is the Book of Allah which no falsehood approaches it form the front or the back and the legislation that is within its’ pages is from Allah Alone. They took hold of this and never strayed from the path.

Allah, Glorified and Exalted be He, is the One who chose them for this religion and made them armies due to their passion for Allah. He chose for them this religion as a guidance and strength and made them the best Ummah to guide humanity, give glad tidings to the good while knowing that whoever has passion for Allah shall never be conquered and whoever Allah has not given this is counted among those destroyed.

Before Islam, the Arabs were landlocked in Arabia and they did not as a whole go past its boundaries. When the Qur’an came, people came and learned the Arabic language that weren’t even Arabs as the message was in Arabic.

He (Allah) brought them out of being heads over tribes of Arabs to being heads over nations of Arabs and non-Arabs and this all became part of the Islamic and Arabic Ummah. The nations around them spoke different languages, made subscriptions to other religions, but then they learned the language of the Qur’an and came to the religion of the Qur’an.

These nations today speak with different accents – with the one in the east not understanding the accent in the west – but when they gather together they understand the timeless language of the Qur’an.

It is the noble language that Allah preserved with the Qur’an and that which one can access to have eternity is in the Qur’an. So the Arabic language shall not fade away until time itself ceases.

It is due to the Qur’an that we know and understand and we are obliged to gather together and become of one accord. I do not say this just to the Arabs alone; but I say this to the Arabs and all Muslims.

It is a great disservice and shame to abandon the very thing that Allah gave to raise the Arabs from the degradation in which they had been mired. He (Allah) gave them might, taught whoever was ignorant with the Qur’an and honoured them. He then guided them by way of the Qur’an to the right way so that they might use their insight. He also gave them the most amazing story and glory to ever be told in the annals of history.

[1] This was taken from `Ulama ul-Islam, vol.1, pp. 629-630, no.24, Jumada Al-Akhirah 1386 edition

[2] Surat un-Nahl (16), ayah 58-59

[3] Surah Ali `Imran (3), ayah 104

 

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A Husband Sleeping in the Bedroom with His Wife

A query was sent to the marja`:

In the Name of Allah, the Merciful, the Compassionate

Dear Shaikh,

What is the ruling in the Revealed Law regarding the husband sleeping in the sitting room or next to the television in the living room and not sleeping in the bedroom. I ask as this bothers his wife and she has come and sought him many times, saying that it is compulsory for him to sleep in the bed with her in the bedroom.

His response is that he is not obliged to sleep next to anyone along with the fact that he gives his wife her rights according to the Revealed Law. What is the truth in this regard? May Allah reward you with every good.

 

The marja`, Imam `Abdur-Rahman Ash-Shami, may Allah preserve him, gave the following reply:

The husband is indeed not obligated to sleep in the room; but for the sake of himself if he sleeps in the bedroom then this is more pure and noble for his wife’s regard and mind and it will also put love and tenderness between them.

taken from the website of the maraji`

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A Husband Making Groundless Threats to His Wife

A question was put to the marja`:

A man said to his wife, “Do not do this thing or you will be forbidden to me!” However, he did neither intended disavowal nor divorce by this statement. It was only a word repeated by some of the people. In the case of the woman who then carried on and did the said act after he forbade her from it, then what is the ruling on this particular oath and the consequence?

The marja`, Imam `Abdur-Rahman Ash-Shami, may Allah be pleased with him, gave the following reply:

As long as someone neither intended disavowal nor divorce, then there is no penalty upon him.

Taken from the website of the maraji`. 

 

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Staying in a Corrupt Society; Kissing Women as a Greeting

A marja` was asked the following question:

As-Salaamu `Alaikum wa Rahmatullahi wa Barakatuh,

I am a young man that has been residing in Spain for a quite a fear years. It is a longstanding custom in this land that when people meet and greet one another, the men and women shake hands and kiss each cheek of his or her friend once.

Upon my first coming to this land, I had only recently arrived when a Spanish woman came to greet me and kissed me on the side of the face. This was a cause for many things that came into my mind among the people. Whenever this happened, I did not have the time to explain to them why this should not be done and why I avoided it. The next time this form of greeting took place, I pulled my face away from her.

In fact, I used to delay the meeting and greeting with the women the first time and whenever I had an opportunity to explain to them about the matter I would do so. I explained that I will never great them in this fashion and even went into detail on why this was the case and that my religion does not permit me to do this act.

Naturally, I would like to make clear that my stopping this action is neither a cause for me to become arrogant nor to hold women in low rank. In fact, my position is the opposite. After I followed this way of understanding, I was able to lift this difficulty without it being a cause of them rebuking me or going away from me on account of my being Muslim.

This is also a means for them listening to me and I have a doubt in the legality of doing the first thing, i.e. the kissing on the cheek and that which I am currently doing. Which of these should I be doing in reality?

I hope that you can guide me to the right path and the correct understanding so that we might agree upon it and cooperate in the good.

 

The marja,` Imam `Abdur-Rahman Ash-Shami, may Allah preserve him, said the following:

It is impermissible to greet women in the way in which you mentioned in your letter. It is impermissible and should neither be done on one cheek nor on the other in the case of members of the opposite sex.[1]

The most important thing that could be mentioned is that it is compulsory for you to think about a way to leave from that society so that you do not fall under the ruling mentioned of people Allah said of them,

Those who the angels take in death while they are oppressing themselves they shall have the angels question them, “What was your state?” They shall respond, “We were weak in the land.” The angels shall reply, “Was not the Earth of Allah spacious enough so that you could have emigrated…”[2]

An exemption to this would only be if you were residing in the land under real necessity. In this case, the threat mentioned in the ayah would not apply to yourself. Let it be the case that you seek counsel in a trustworthy scholar – firm and wise in his knowledge and his religion – so you can take your next course of action. And may Allah pardon us and you! Amin.

Taken from the website of the maraji`

[1] trans note: The Shaikh here is making note of the fact that men greeting eathother in this fashion is permitted as this is a common greeting among Arabs, Jews, Sicilians and the like and implies no immediate sexual intent.

[2] Surat un-Nisa,’ ayat 96-97

 

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