The responsibility of the Ulema in working for the Khilafah and upholding the truth
“Verily those who fear Allah from His servants are the Ulema” [TMQ Fatir: 28].
Allah (swt) mentioned the reality of the Ulema in this verse
And the Prophet (saw) emphasised the importance of the Ulema in many ahadith:
The Prophet (saw) said: “The Ulema are the inheritors of the Prophets”
We know that they cannot be the inheritors in Prophethood as this ended with the final Messenger Muhammad (saw), rather it means they are inheritors in the sense of responsibility of spreading the Deen, working to remove munkar and upholding the truth
Abu Nu’aim narrated that He (saw) said: “Two types of people who, if they are righteous, the people are righteous and if they are bad, the people are bad: The scholars and rulers” (Abu Nu’aim narrated it in ‘Al-Hulya’).
Ad-Darimi narrated in the book ‘Al-Muqaddimah’ that he (saw) said: “‘Do not ask me about evil but ask me about good’, saying it three times. He said: ‘The worst of evil is the evil scholars, and the best of good is good scholars’”
Bi’isnillah today I want to discuss the responsibility of the Muslims in general and especially the Ulema in working to solve the vital issue facing the Muslim Ummah
The problems facing the Ummah worldwide cannot be ignored, they are burning issues that must be addressed, as the Prophet (saw) emphasised in many ahadith, for example he said:
The Prophet (saw ) said: “The Believers are like one man, if his eye becomes sore then the whole (body) feels pain, and of his head is in pain then his whole (body) feels the pain.”
How much pain and suffering has the Muslim Ummah felt over the last decades? And how much did we feel? And how much did we work to put an end to this pain? How much do we address it in our khutba’s, in our bayans and in our masaajid?
We have seen all forms of problems afflict this Ummah whether economic, social, political, military, educational or cultural
We have seen the occupation of the land of Isra and Mi’raj by the Jews since 1948, we saw the massacre of the Muslims in Sabra, Shatila, Qana and Jenin – we still witness the ruthless occupation by the Israeli’s who continue to kill our innocent men, women and children in the land of Palestine.
We saw the death of over half a million children due to the sanctions placed on Iraq in the past, we even the saw birth of deformed babies due to the Uranium tipped bombs dropped by the crusaders
We saw the problem of Bosnia where over 60 thousand women were dishonoured by the Serbian Kuffar
We have seen the brutal aggression of Russia against the Muslims of Chechnya, the aggression of China against the Muslims of Xingyang province, the oppression of the tyrant of Uzbekistan against the Da’wa carriers there, the problem of East Timor of Aceh and Ambon in Indonesia, the problem of Darfur in the south of Sudan and many more.
Since September 11th we have witnessed an intensification of the war against Islam, where Islam and the Muslims have become the focus of world attention. We saw the brutal occupation of Afghanistan where the Americans and their allies dropped thousands of bombs upon the innocent people
We saw the occupation of Iraq by the new-age Mongols who dropped more bombs in this latest war against Iraq than in the first and second world war combined. We saw how they treat the Muslims like animals in Abu Ghraib prison the pictures of which were on the front pages of the newspapers world wide, we see how they have caged our brothers in Guantanomo bay even without right to a lawyer and a fair trail.
They have slaughtered over 100 thousand (one lakh) people since this invasion of Iraq according the British medical journal, the Lancet
We were crying when Babri masjid was Shaheed, how many mosques have been destroyed by the US and Britain in Iraq?
In the city of Fallujah alone, over half the mosques in Fallujjah have been destroyed – out of approximately 120 mosques, over 60 are reported to be destroyed
We should not think for one moment that these problems are not our problems, that just because we are sitting in India that these problems are only the problems of the people of Palestine, Chechnya, Iraq or Afghanistan. As Allah (swt) has made us brothers when He (swt) said: “Verily the believers are a brotherhood”
The Prophet (saw) said: “The Muslims are one Ummah, there land is one land and there is one war”
I want all of us here to ask the question to ourselves how many times have really spoken about these issues, addressed them in our bayaans, amongst our gatherings and have we been working for a true solution to these problems
If the Ka’ba was attacked tomorrow, I’m sure all of us would feel it and would be restless, we would not be able to sleep, we would be addressing it with the people, we would strive to save it with all of our efforts. But what value has Allah (swt) placed on the blood of a Muslim?
Whilst the Prophet (saw) was doing Tawaaf around the Ka’ba he said: “Maa a’zamaki” “How great you are” “Wa ma asrhafaki” “How blessed you are” “Wa ma ajmalaki” “How beautiful you are in the sight of Allah, but the blood of the Muslim is worth more than you and all your surroundings” [Ibn Majah]
If this is the value of Muslim blood then surely we must seriously work to protect it. Muslims all over the world feel the pain of these problems and discuss these issues amongst themselves.
The Muslims every where in the world look the Ulema for answers as to how we should achieve that, as they see them as the light that should show us the correct path. Therefore it is an enormous responsibility on our shoulders that we address this issue correctly
Before I address the solution to these problems facing the Ummah from the perspective of the Islamic evidences, I want mention some key points that I want all of us to think about during this event and the rest of my talk:
1) We must have it clear in our minds that the only source of legislation, of guidance of ahkam, of solutions for us are the Islamic sources namely the Quran and the Sunnah and what they have indicated such as Ijma as-Sahaba and Qiyas. The source of legislation, guidance or solutions to our problems are not the writings of an intellectual, the legislation of a parliament, the rule of a King or President, nor own emotions, our own desires, our own interests, our own benefits, our money, or our fears. This is part of our Iman when we say Laa illaha illalah Muhamadur Rasuululah. Allah (swt) says:
"The Rule is for none but Allah: He declares the truth and He is the best of Judges." [6:57]
2)Secondly we must realise that our allegiance and sincerity must be to the Haqq (truth), the Deen of Allah, not to any group, organisation, Ameer, Aalim, government or institution. We should remember the many ahadith warning us about this time:
In the Hadith in Sahih of Bukhari, on the authority of 'Urwa b. al-Zubayr who said: 'Abd Allah b. 'Amr b. al-'As overcame us with proof. I heard him say: “Allah will not deprive you of knowledge after he has given it to you, but it will be taken away through the death of the learned men (Ulema’a) with their knowledge. There will remain ignorant people who, when consulted, will give verdicts according to their opinions whereby they will mislead others and themselves go astray.” i.e. they give Fatwas according to their own opinions which are not derived from the Islamic evidences.
We must remember the order of Allah (swt):
"And do not mix the truth with the falsehood nor knowingly conceal the truth." [Al-Baqarah]
What is the solution to our problems?
In order to understand the solution to our problems, we must actually realise the nature of the problems correctly first. We cannot separate the problems from each other, as they are all interconnected to a root problem just as the symptoms of cancer are connected to the root cancer.
The root problem or cancer today is the absence of the Islamic state, the system which implements the Ahkam that Allah (swt) revealed to us. This state was called al-Khilafah by the Prophet (saw) which has also been reffered to by different names Sultanate, Imamah or Dowla Islamiyya.
The Khilafah is a general leadership of the Muslims. It is a worldly leadership to implement the Islamic Shari’a and to carry the Da’wa to the world. Therefore, it is a public leadership and not a private one. The Khalifah is the Amir (leader) of the believers who succeeds the Messenger of Allah (saw) in implementing Islam and not in conveying it, and thus, it is a worldly leadership and not a religious one. The Khalifah does not communicate a message from Allah (swt), nor has he been personally appointed by Allah (swt), rather he is appointed by the Muslims to represent them in the implementation of Islam within Dar Al-Islam (the land ruled by Islam), and in carrying the da’wa outside it.
For example the great scholar Imam al-Mawardi defined it in this way, he said: "It is to guard the affairs of the Deen, and take care of the world's affairs politics after the prophethood." [Imam Al-Mawardi, Ahkam as-Sultaniya]
Many scholars defined it in a similar manner
It was reported in the Musnad of Imam Ahmad ibn Hanbal that the Prophet (saw) said, "The knots of Islam will be broken one by one until everyone of them is undone. The first to be undone will be the knot of ruling and the last will be the knot of Salah"
This knot of ruling by Islam had been tied by the Prophet (saw) himself in Madina when he made the Hijra, this Islamic state had begun with the Prophet Muhammad (saws) and had lasted for over 1000 years.
After the death of the Prophet (saw) the ruling by Islam continued and the bay’ah (pledge of allegiance) was given to Abu Bakr Siddique (ra), and after him Umar al Farooque (ra), Uthman ibn Affan (ra), Imam Ali (ra), Imam Hassan (ra) and continued to have ruler after ruler until the last Khalifah in 1924 Sultan Abdul-Majeed.
Many of the rulers or Khulafah’s names may be known to us as they are famous such as Umar ibn Abdul-Aziz, Sultan Muhammad al Fatih, Suleyman al Qanuni, Sultan Abdul-Hameed 2nd and Sultan Murad.
Some of the Khulafah were better than others and some of them were even oppressive, nevertheless the system of Islam remained implemented. Even though some of the rulers misapplied some rules and were oppressive, the Prophet (saw) foretold of this and instructed the Muslims to accept them as Khulafah and obey them as long as they did not implement open Kufr (Kufr bu’ah). It is unanimously accepted by all the Sunni Ulema in history that the Khilafah existed throughout the period of the Khulafah ar-Rashideen, the Ummayids, the Abbasids, the Mamluks and the Uthmanis until the Khilafah was destroyed after the first world war.
These Khulafah ruled by Islam and did not implement Kufr Bu’ah (open Kufr) that is why we find the great scholars of Islam such as Imam Abu Hanifah, Imam Shafi, Imam Malik, Ahmad ibn Hanbal, Jafar as-Sadiq and the like accepted that they were Khalif’s but accounted them. In fact the two most famous students of Abu Hanifah who recorded his Fiqh, most of us in India follow the Fiqh they recorded - Qadi Abu Yusuf and Muhammad As-Shaybani were appointed as Qadi al Quda (the chief judge) in state in the time of the Khalifah Haroon ar-Rasheed.
Some of the great scholars wrote books about the history of the Khulafah such as Imam Suyuti known as al-Jalalayn, who died in 1505 CE – he wrote the book Tarikh al Khulafah, ‘History of the Khulafah’. Imam Mawardi who died in 1058 CE who was appointed as a Qadi and later an ambassador by the Abbasid Khalid Al-Qaim bi Amr Allah wrote the famous book, ‘Al Ahkam As-Sultaniya’, about the ruling system in Islam.
Although today some of us including some of the Ulema have forgotten the meaning of Khilafah, at that time the Muslims of the Indian subcontinent including the Ulema cried out in support of the Khilafah and called against its removal. Maulana Mohammad Ali Johar said about the Khilafah:
“The ruler of Turkey was the Khalifah or successor of the Prophet and Amir -ul- Momineen or chief of the believers and the Khilafah is as essentially our religious concern as the Quran or the Sunnah of the Prophet." [Johar, Mohammed Ali, My Life a Fragment pg.41]
Maulana Abdul Kalam Azad wrote a book in 1920 called ‘The Issue of Khilafat’, he stated: “Without the Khilafah the existence of Islam is not possible, the Muslims of India with all their effort and power need to work for this.”
Sheikh ul Hind Maulana Mahmood ul-Hassan who was the head of Dar al-ulum Deoband in his time, who was imprisoned by the British in Malta for 3 years due to him sticking to the truth and not disowning the Uthmani (Ottoman) Khilafah said in his Fatwa published October 29, 1920:
“The Khalifat-ul-Muslimin (Muslim Caliph), who used to unite the entire community on this planet; who as vice-regent of Allah on this earth used to implement the universal law of Islam; who used to protect the rights and interests of Muslims and who used to preserve and ensure that the glory of the words of the Creator of this universe be preserved and implemented, has been surrounded by the enemies and made redundant.”
The Prophet (saw) said as narrated in Sahih Muslim: “Verily the Imam is a shield behind whom they (Muslims) fight and by whom they are protected”.
The Khilafah is the mechanism that Allah (swt) revealed for our protection and to solve our problems
The Fard of having a Khilafah to implement the Shariah of Allah and solve our problems is Qati (definitive) and it is established from evidences in the Quran, the Sunnah and Ijma as-Sahaba and all the scholars in history are unanimous on it. I will quote some of the evidences not all of them due to time constraints
Evidence from Quran
There are many ayat about ruling in the Quran such as:
"And rule between them by that which Allah revealed to you, and do not follow their whims, and beware that they may deviate you away from some of which Allah revealed to you." [TMQ Al-Mai’dah:49]
The speech of Allah to the Prophet (saw) is also a speech to the Prophet's Ummah (nation), unless there is an evidence which indicates this speech is limited to him. In this case there is no such evidence limiting this address to the Prophet (saw). Thus, the verses call upon Muslims to establish the rule of Allah. The appointment of a Khalif does not mean other than the establishment of the rule of Allah and the authority of Islam.
Regarding the authority, Allah ta'ala obliges the Muslims to obey those in authority, i.e. The ruler, which is an indication that the existence of the ruler is obligatory. Allah ta'ala says:
“O you who believe, obey Allah, obey the Messenger and those in authority amongst you” [An-Nisa: 50]
Furthermore many ayat about establishing the Salah, the Hudud, etc is an address to the Ummah – we are sinful if there is no system to enforce these.
Imam Tahawi also narrates a Hadith from Muslim ibn Yasar that the Prophet (saw) said, “The (collection of the) Zakah, the (implementation of the) Hudood the (distribution of the) spoils and the (appointment of the) Jumu.ah are for the Sultan..” (A similar narration has been narrated by Ibn Abi Shaybah in his Musanaf and also by Imam Narghiyani. They have been deemed acceptable.)
Hence the obligation of establishing the Khilafah is the obligation upon which many other obligations rest, such as the Hudood (penal codes), collection and distribution of the Zakah, the organising of the main Jumu.ah and it.s Khateeb and other obligations besides these. The removal of Kufr depends upon the resumption of the Khilafah. Establishing Islam in actuality means the establishment of the Khilafah as that is the only method of implementing Islam. Indeed, without the Khilafah the Deen cannot exist in our societies. Hence the whole of Islam depends upon the Khilafah as that is the method that Islam defined to bring it into existence. The current situation of the Islamic Ummah is a testament to this fact. The Islamic penal code is absent and is replaced with that of the European countries. The economic system of Islam has been replaced by that of the Capitalists and today the resources of the Muslim Ummah are the spoils that are distributed by the Kuffar. The Islamic lands are occupied despite the military capacities of the Muslim armies. The absence of the Islamic way of life in our countries is ever affecting the societal fabric with nightclubs and bars arising in the holy lands of al-Quds, as well as many other major cities and capitals in the Islamic world. These stark facts unfortunately clearly illustrate the absence of Islam and the truthfulness of the statements of the Messenger of Allah (saw).
Allah orders us to protect those who are attacked for their Deen – so when Muslims are attacked in Iraq, Afghanistan, Palestine or anywhere – we are sinful if we are not working to establish the system to protect them.
Evidence from the Sunnah
Many evidences indicating the Fard of having a Khalifah, even specific texts establishing that it is Fard Ayn to have bay’ah on the neck:
Muslim narrated from Ibn ‘Umar that the Prophet (saw) said: “Whosoever dies whilst there was no bay‘ah (allegiance or a pledge) on his neck (to a Khaleefah), he dies a death of jahilliyah.”
To understand this Hadith and the meaning of no Bay’ah on the neck becomes clear when we look at the following Hadith:
The Prophet (saw) said: “The One who dies without an Imam he dies the death of Jahiliyyah”. [Reported on the authority of ‘Umar by at-Tabarani and Abu Nu’aym. The latter declared the hadith as authentic] The Imam in the text means the Khalifah.
Is an obligation more important than the life of the Prophet (Saw):
He (saw) stated to his uncle concerning the Mushrikeen, “....by Allah, if they were to put the sun in my right hand and the moon in my left, on condition that I relinquish this matter, I would not relinquish it until Allah has made it dominant or I perish therein..” (Tareekh ut-Tabari by al-Tabari Vol. 6 par. 1179).
Ijma as-Sahaba
After the death of the Prophet (saw) – they did not bury him for 3 days and 2 nights
Imam al-Haythami said, "It is known that the Sahabah (r.a.h) consented that selecting the Imaam after the end of the era of Prophethood was an obligation (Wajib). Indeed they made it (more) important than the (other) obligations whilst they were busy with it over the burial of the Prophet (saw)". (al-Haythami in Sawaa'iq ul-haraqah:17.)
When Umar was on his deathbed: He said to them: "You have this group whom, when the Messenger of Allah (saw) died, he was pleased with them, and he said about them: They are the people of paradise: Ali b. Talib, Uthman b. Affan, Sa’ad b. Abi Waqqas, Abdur Rahman ibn Awf, Az- Zubayr b. Al Awwam, and Talha b. Ubaydullah. Let Abdullah ibn Umar be with them, but let him have only an opinion without having anything in the matter of Khilafah." Umar advised these six people to select a Khaleefah, and appointed to them a three day time limit. After a long talk with them he said: "When I die, consult for three days, and let Suhaib (in these days) lead the Muslims in prayer. Do not let the fourth day come without having an Ameer upon you." He also appointed Abu Talha Al-Ansari to protect the gathering and to encourage them in their task, and he said to him: "O Abu Talha, Allah (swt) has helped Islam by you (i.e. the Ansar) so select fifty men from the Ansar, and urge these (six) people to select one from amongst them." He asked Al-Muqdad ibn Al-Aswad to select the place of the meeting and said to him : "After you put me in my grave, gather these (six) people in a house till they select one man from themselves." Then he asked Suhaib to monitor the meeting and said to him: "Lead the people in prayer three days, and let Ali, Uthman, Az-Zubayr, Sa’ad, Abdul Rahman b. Awf, and Talha, if he came back (from his travel) and bring in Abdullah b. Umar, without allowing him any personal interest in the matter, and stand at their heads (i.e. supervise them). If five agreed and accepted one man, while one man rejected, then hit his head with the sword. If four consented and agreed on one man, and two disagreed, then kill the dissenters with the sword. If three agreed on one man and three disagreed then let Abdullah bin Umar arbitrate. The group which Abdullah b. Umar judged for, let them select one from them. If they did not accept the judgement of Abdullah b. Umar, then be (all of you) with the group in which is Abdul Rahman b. Awf, and kill the rest if they declined to accept what the people agreed upon." Then he asked them to leave the discussion about the Khilafah until he died.
Imam an-Nawawi (rh.a.) said, "(The scholars) had Ijma (consensus) that it is an obligation upon the Muslims to select a Khaleefah". (Sharhu Sahih Muslim page 205 vol 12)
All the Sahaba consented – even though he ordered killing = 3 days 2 nights as a clear time limit – today has been 81 years, we are all sinful until it is established
Appointing the Khalifah in origin Fard Kifaya but becomes Fard Ayn if not established, e.g. Janaza, replying to salam, etc.
Therefore it is Fard Ayn for all the Muslims to work to re-establish this obligation
The Ulema must stand for the truth like Ulema in the past
Today we as Ulema must stand for the issue of Khilafah and create a public opinion for this, utilising all our abilities and influence
We must address the vital issues facing the Ummah and work to build a comprehensive understanding of Islam as the a complete ideology with all the solutions to lifes problems
In this time when the Kuffar especially the West are continuously bombarding the Muslims with their Kufr culture, they are calling for the separation of the Deen from the Dunya, they call for a reformation of Islam, a modernisation of Islam and they use their agents, money and power to spread their corruption every where
The Ulema must respond to this and be the ones who defend Islam, who refute the Kufr concepts such as Democracy, Freedom, Secularism, Nationalism and Socialism which have become the new gods which people worship today instead of Laat, Manaat and Uzza
How can we remain silent in the face of all the Munkar around us? How come most of the Masajid do not address the real issues facing the Ummah and refute the ideas being propagated by the West?
We should be careful today not to fall into those Ulema who have sold the Deen for worldly goods, who are afraid to speak the truth or those who even spread corruption in the name of Islam. Let us take a warning from the words of the Prophet (saw) who said:
Al-Tabarani in Al-Kabeer wal-Bazaar, by the Istinad of the men of Sahih that 'Awf b. Malik al-Ashja'i narrated that the Messenger of Allah (saw) said: “My Ummah will become divided into some seventy sects, the greatest will be the test of the people who make analogy to the deen with their own opinions, with it forbidding what Allah has permitted and permitting what Allah has forbidden.”
Unfortunately we see this today, people permitting Democracy, Nationalism – like some of the Ulema of Saudi Arabia who permitted the Americans to come onto Islamic land to launch war on the Muslims of Iraq, the Sheikh of al-Azhar who has justified Riba and many more.
Let us look at the example of the Ulema in the past who did not fear anyone except Allah (swt).
Let us consider the example of Imam Ahmad ibn Hanbal (ra), master of hadith, Mujtahid of Makkah and the man to which the Hanbali Madhab is attributed. In his time, Mamoon, who became Khalifah, had adopted the Mu’tazilah belief that man created the Qur’an. Mamoon attempted to force this belief upon the masses - this created trouble with the Ulema, as they were the ones who had the leadership over the Ummah. Amongst the Ulema was Imam Ahmad, who refused to accept this corrupt doctrine. His uncle asked him to say with his tongue what he did not accept in his heart, to which he responded, “If the Alim stays silent in the face of falsehood when will the truth become manifest?” Imam Ahmad preferred prison to corrupting an aspect of the Islamic Aqeedah. He was prepared to suffer, as Yusuf (as) did, who preferred prison to the fitnah that he was faced with.
Imam Ahmad understood the Hadith that has been declared Sahih by Imam Suyuti, “The one who pleases the Sultan (authority) with that which angers Allah leaves the Deen of Allah.”
Let us remember the example of Imam Abu Hanifah (ra), Imam of Ahlur Rayee, the Mujtahid and Faqih of Kufa and founder of the Hanafi Madhab. He was known for his acute legal mind as a jurist. Imam Abu Hanifah (ra) was summoned to the court of Mansoor, who was Khalifah at the time, and was asked to take the position of Qadi ul Qadaa (or chief justice). He refused, as he did not view the Khalifah as the most just of characters. He replied, “I am not fit for this position!” Mansoor became angry, shouting, “You lie! You are fit!” Abu Hanifah responded, “If I am lying them I am not fit for the post, if I am not then I tell the truth I am not fit for the post!” As a result he was imprisoned and lashed. Abu Hanifah (ra) exemplified how we must wash our hands from tyranny regardless of benefit.
We should realise that even today they are many Ulema who stand up for the truth without fear and are working with all their efforts for the return of the Khilafah
We all know the examples of the Shaheed Syed Qutb and Hassan al-Banna, how they were martyred for standing up for the truth. We also know the example of many Ulema of the subcontinent and how they faced imprisonment by the British such as Sheikh ul-Hind whom we mentioned before and Sheikh ul-Islam Maulana Hussain Ahmad Madani. They are many other examples today - look to the prisons of Uzbekistan where thousands of Da'wa carriers including Ulema have been imprisoned for working for Khilafah.
Another example is Sheikh Abdul-Aziz Badri, the author of the excellent book 'Islam baynal Ulema wal hukkam' (Islam - between the Ulema and the Rulers) which is also available in Urdu, was imprisoned in Iraq in the past for working for the Khilafah. In his book he details the lives of various Ulema ranging from Abu Hanifa, al-Izzadin Abdul-Salam, Ibn Taymiyya to Sheikh Ahmad Sirhindi and how they stood up for the truth even in the face of hardship.
To conclude:
1) It is Fard Ayn upon all of us to work with all our efforts to change the Munkar and re-establish the Khilafah.
2) To oppose this work is to oppose the Shariah of Allah, we should not oppose it even if we differ in detailed issues and have some difference of opinion. Rather we should stand against those who oppose it
3) We must support this work with all of our abilities, this means each of us must think about how we can practically contribute to this work and engage in that. We need generate a Khilafat movement like the Ulema of all different backgrounds did in the past.
4) We should not loose hope or become defeated even if they are obstacles around us and even if people don’t initially support this call – because Allah (swt) and the Prophet (saw) has already informed us that the Khilafah will return, the Prophet (saw) said “Then they will return the Khilafah on the path of the Prophethood” [Musnad Ahmad]
May Allah (swt) enable us all to stand up for the truth and work to re-establish his Deen upon the earth!
Monday, 5 April 2010
Tuesday, 19 January 2010
Shariah
Following the Shariah rules comprehensively
As da’wa carriers it is vital that we all adhere to the Shariah of Allah (swt) completely, as we are Muslims first and then da’wa carriers. Therefore we are all Ibadallah – slaves of Allah (swt) and are obligated to follow all of his commands and avoid all of his prohibitions.
As da’wa carriers we would be hypocrites if we were calling for the implementation of the shariah and not following the shariah ourselves.
The Muslim is commanded to conduct his actions according to the Shari'ah rules. Allah (swt) says:
"No by your God, they shall not have true belief until they make you judge in all disputes between them, and find in their souls no resistance against your decision, but accept it with the fullest conviction." [TMQ 4-65]
He (swt) also says: "Whatever the Messenger brought you take it and whatever he forbids you abstain from it and fear Allah." [TMQ 59-7]
Therefore, the Muslim should in principle abide by the Shari'ah rules. Besides the Shari'ah principle states: “Every action requires a shariah rule and every rule requires a daleel.” In other words, no matter should be given any rule whatsoever before the advent of the rule of Allah pertaining this matter. The Shariah rule is: “The address of the Legislator related to the actions of the servants.” Therefore, anything that has not been mentioned in the address of the Legislator cannot be considered a Shari'ah rule.
If a Muslim wanted to perform any action, it would be incumbent upon him to abide by the rule of Allah (swt) pertaining that action; thus, he must search for that rule until he recognises it and abides by it. This is what the verses and the Ahadith have indicated clearly. Therefore, it is forbidden for a Muslim to undertake any action or to act towards anything in contradiction to the Shari'ah rule; he should rather abide by the Shari'ah rule in every action he undertakes and in every matter. After Allah (swt) revealed:
"Today, I have perfected your Deen for you, completed my favour upon you and have chosen for you Islam as your Deen." [TMQ 5-3]
And after He (swt) revealed: "And We have sent down to you the Book explaining everything." [TMQ 16-89]
There is not any action left without a Shariah rule and evidences that establish it from the Quran and the Sunnah. It is forbidden for anyone, having perceived these two verses, to claim that some actions and some things or some situations are devoid of the Shari'ah rule, meaning that Shari'ah has completely ignored.
Every action has a hukm either Wajib/Fard, or Mandub, or Haram, or Makruh or Mubah.
In fact the meaning of Taqwa itself is to follow the commands and prohibitions of Allah (swt).
The son of ‘Ali (ra), Al-Hasan (ra) once said, “The people who have taqwa (al-muttaqoon) are the people who avoided whatever Allah (swt) has prohibited and have done whatever Allah (swt) has ordained.”
‘Umar ibn Abdul Aziz (ra) once said, “Taqwa is not by fasting the day and not by praying the night. And its not by mixing between the two of them. But taqwa is leaving what Allah (swt) has made Haram and by doing what Allah (swt) has made Fard. After one has done this, Allah (swt) will provide good things for that person.”
Sometimes it is possible that we may overlook the details of the shariah rules when it comes to our lives and may even be unaware of them. This is unacceptable for the Muslim and especially the da’wa carrier.
So today I want to give some examples which we think are relevant to us in terms of follwing the details of the shariah rules. As many of us come from backgrounds where we are not used to following the shariah rules in many areas. The areas I will focus upon are mainly to do with the social and economic rules.
Mixing between men & women
Islam has restricted the relationship between unrelated men and women and only allowed it in certain circumstances.
This separation is established by the overall Ahkam Shari'ah (divine rules) addressing the man separately, the woman separately, and both of them together. It is also established by the Qur'anic speech to women as women and men as men such as Allah's saying:
"The men and women who give charity and fasting men and women, and the men and women who guard their chastiity and the men and women who remember Allah much..." [Al- Ahzab: 35]and other verses. Such a segregated type of life is also reported as the actual practice in collective form since the days of the Prophet and throughout all the times of Islam.
In Islam, the basic principle of the interaction between men and women is segregation. This means that in all areas of life and in all places whether private or public, contact between men and women is generally prohibited. Many evidences establish the principle of not mixing between the sexes, and there are many ahadith which clarify that this is the case in both public and private areas:
Abu Daud narrated that the Prophet (saw) said, "The best row for men is the front row, (furthest to the women's row) and the best row for women is the back row and the worst is the front row (just behind the men)."
Ibn Umar said, "The Prophet prohibited men from walking between two women." Abu Daud.
Abu Daud narrated that the Prophet (saw) saw men and women outside the mosque moving side by side in the crowd. He stopped the women saying, "It is not proper for you to walk in the middle of the path, you had better walk along the walls."
This means that the Muslims should avoid contact with members of the opposite sex, whether Muslim or not, as a general rule. However, there are exceptions to this general rule, where the mixing or interaction between men and women is permitted in certain situations.
For example, it is permitted for men and women who are Mahrem to each other to mix freely for any purpose that Islam permits. As well, there are certain areas where it is permitted for non-Mahrem men and woman to interact with each other, such as for the purpose of Da'awa (invitation to Islam) or trade. However, the type of mixing that can occur here is not free, and is restricted by the shari'ah to be within certain guidelines and boundaries, and the Muslim must be sure to understand these before any type of mixing takes place. The ahkam (rules) to do with mixing also vary with regard to the kind of place in which the mixing takes place.
1) Medicine: It is allowed for men and women to mix for the purpose of seeking medical treatment. The Sahabiyat used to treat the Sahaba and the Prophet (saw) consented to that.
2) Da’wa: It is allowed for men and women to be present in the same class if the purpose of their mixing is learning about Islam or other types of education permitted by the Shari‘ah. The sister of Umar (ra) was being taught from the Quran by Khabab ibn Arrat (ra) with her husband when Umar entered upon them. It has been narrated that Umm Salamah and Aisha (ra) who used to do da'wa to men and women
3) Marriage: If a man is looking to marry a woman then he is allowed to talk to her about issues related to finding out about her and related to the marriage. A man came to the Messenger Muhammad (saw) to ask about marrying a girl and the Prophet (saw) told him to go and see her i.e. see her in her Mahram’s presence.
4) Duress or Compulsion: At times of absolute necessity or emergency, such as earthquakes, war or hurricanes, the necessary mixing is permitted for men and women in order to remove any danger or threat.
5) State arrest: The evidence for this is from Uthman and Umar (ra) said, "O women, cover yourselves we are entering" and he entered a house to arrest someone with his army and there was Ijma of the Sahaba (consensus of the companions) on this.
6) Eating: In Surah Nur Allah (SWT) says:
“The blind is not to be blamed, the crippled is not to be blamed, nor is the handicapped to be blamed, just as you are not to be blamed for eating at your homes, or the homes of your fathers, or the homes of your mothers, or the homes of your brothers, or the homes of your sisters, or the homes of your fathers' brothers, or the homes of your fathers' sisters, or the homes of your mothers' brothers, or the homes of your mothers' sisters, or the homes that belong to you and you possess their keys, or the homes of your friends. You commit nothing wrong by eating together or as individuals. When you enter any home, you shall greet each other a greeting from Allah that is blessed and good. Allah thus explains the revelations for you, that you may understand.” [TMQ 24:61]
For men and women to eat together is permitted in the places mentioned in the verse such as the home of your fathers or your friends as it says, “You commit nothing wrong by eating together or as individuals”.
However people should be careful that even though eating together with the women at a friends house is permitted that they should leave once they have eaten and beware of socialisation with the opposite sex which would be exceeding the permit.
7) Silat ar-rahm (maintaing the relationship between kith and kin): It is allowed for non-maharam relatives to sit with their non-maharam (people to whom marriage is permitted) for the sake of silat ar-rahm as long as it is without khalwah (privacy). There exist a number of hadith concerning the keeping of good relations with the relatives.
It was narrated by Anas b. Malik that the Messenger of Allah (saw) said: "Whoever loves that he be granted more wealth, and that his lease of life be prolonged, then he should keep good relations with his kith and kin". It is narrated by Abu Hurayra that the Prophet (saw) said: "Allah created His creation, and when He finished it, the womb got up and said, I seek refuge with you from Al-qatia (ties being severed with me)". On that Allah (swt) said: "Don’t you accept that I bestow my favours on him who keeps your ties, and withhold My favours from him who severes your ties?" On that it said, "Yes, Oh my Lord!" Then Allah (swt) said: "That is for you".
However it is not allowed to mix for the purpose of entertainment or just to socialise. For example the Prophet (saw) used to leave when Aisha (ra) friends used to come as it is not allowed to socialise with your sisters or wives friends if they are not related. Another example which is common today is the mixed weddings.
The Mixed party in weddings is haram. This includes the entrance of the bridegroom to the women’s room, sitting on the bridal throne besides his bride, taking photos for and the celebration of the women with him, when they are usually uncovered particularly if they are not mahrem to him. All of such mixing is haram as it mixing for a purpose which Islam did not allow i.e. entertainment. There should be separate halls for men and women or there should be a partition which would stop the women being seen, this should be at least a shoulder height partition.
We know that in reality today many weddings contradict these ahkam and even before the weddings such as mixed mehndi parties where the women and her friends play tricks on the groom to be and his friends. I know many brothers look for the halal alternatives – so when they attend their relatives weddings they ask to sit in a separate room or place which is physically segregated from the women. This creates problems with some relatives and families who do not follow and understand the shariah rules. But as Muslims we must understand that life is a test – in these are part of the tests from Allah (swt).
In some places the da’wah carriers are tested with their lives through torture, removal from their jobs, arrest and harassment of their families and they stick to the Deen. So who are we, if we cannot stick to the shariah rules just due to upsetting some people or our relatives?
Khulwa - Seclusion
Khulwa relates to the presence of a non-Mahrem man and women being on their own together without the presence of a Mahrem or any other person. This could happen in a private place, or a public place. In either case Khalwa is forbidden from Islam, and both the man and women involved are sinful.
Khalwa in a private place: This could occur in any place that requires permission for entry, such as a house or bedroom in a residence building.
Khalwa in a Public Place : This could occur in any public place whose nature is that no other person people would be likely to pass by or come there. Such a place would be in a forest or an isolated room in a university or at work.
Muhammad (saw) said, "If a man and a woman are alone together in an isolated place, then the third is Shaitan."
Responsibility to family
Allah (swt) says: ‘Ward off from yourselves and your families the Fire...’ [TMQ At-Tahrim: 6].
This Ayah makes it obligatory upon us to maintain ourselves and our direct family such as our children, wives, brothers and sisters abide by the ahkam shariah and avoid the hellfire.
There are different shariah rules dealing with the different types of direct relations. I will address some aspects of these rules which we feel are relevant:
Children: It is our Fard to culture our children with the understanding of the Deen and to encourage them in following the shariah rules.
Reported by Ahmad, Abu Dawud that the Prophet (saw) said: ‘Order your children to pray at the age of 7 and beat them when they are 10 (if they do not pray) and separate their beds.’
This means that we have to order our children to pray – we are responsible for this. They should pray at 7 years old and if they do not by 10 years we should beat them lightly, this does not mean that we beat them heavily in a haram way. The scholars said that the beating meant here is by a miswak and not harshly – it is more for the psychological effect.
It is not allowed to leave our children to be cultured by the Kufr society around us such that they are left for ours absorbing the corruption from Zee TV and the bollywood movies – without refuting such corruption and working to build the Islamic personality within them. It is not acceptable for them to start imitating the practises of the Kuffar while we do nothing, for example – when children participate in school events like Valentines day or celebrating the festivals of the Mushriks and Kuffar. The Prophet (saw) said, “Whoever imitates a people is one of them”.
If we spend so much time trying to ensure that our children get good education then how can we ignore their culturing with Islam?
How do we fulfil this duty? The Prophet (saw) said, “Each one of you is a guardian and he is responsible…The man is a Shepard and he is responsible over his family”. The Prophet (saw) also said, “If you see a munkar change it with your hand, if you cannot then with your tongue and if you cannot then hate it in your heart and that is the weakest of Iman”.
So if we are capable and the shariah has given us the right to stop a munkar by our hand then we are obliged to do so. So for example for our daughters we can prohibit them from leaving the house if they do not wear the Hijab and Jilbab as we are their fathers and shariah has given us this right. Also we can make our children pray.
However the meaning of changing the munkar means that we should attempt to change their thinking and behaviour – not just to prohibit them in a robotic manner but to change their concepts and criterion for action. This means we must make the attempt to engage in da’wa with them.
Ibn Majah narrated that the Prophet (saw) said, “Teach your children and teach them properly”. Ibn ‘Abbas narrated that the Prophet (saw) said, “Act upon the obedience to Allah and avoid the prohibitions of Allah, and order your children to abide by the commandments of Allah and to avoid the prohibitions of Allah, and by that you protect yourself and them from the Hellfire.” [Ibn Jurayr]
Allowing children (under the age of puberty) to be sent to schools where Kufr is taught to them is haram.
There are general texts regarding seeking knowledge. He (saw) said: ‘Seek knowledge’. This is general (‘aam) and includes all types of knowledge. So it is allowed for the Muslim to learn any discipline/science but if these sciences lead to a harm (Darar) then learning such sciences would be forbidden and the other sciences would remain permitted in accordance with the Shari’ah principle which states: ‘If any aspect of a permitted thing leads to a harm, then that aspect is prohibited, but the thing remains permitted’. Hence learning something, which causes one to deviate from the beliefs (‘aqaa’id) is considered a harm and learning such harmful ideas will weaken and effect children easily. Therefore, it is forbidden to send children to schools of the Kuffar, which teach the Kufr thoughts and beliefs on the primary level. This is because children are affected by what they learn at this level, and the family is ordered to protect its family members from the Fire of hell. Allah (swt) says: ‘Ward off from yourselves and your families the Fire...’ [TMQ At-Tahrim: 6]. Protecting their children from the fire would be by not sending them to the schools of the Kuffar that teach Kufr beliefs and thoughts.As for the existing schools of the Kuffar in the Muslim lands which teach the same curriculum taught in Muslim schools, it is not forbidden to send ones children to them. This is because their reality differs from the schools of the Kuffar in Kafir countries, which teach Kufr beliefs and thoughts. Also, just because one of the teachers is a Christian does not mean it is forbidden to study in this school, because the education is linked to the curriculum taught. So if Kufr beliefs and thoughts are not taught in a primary school and the lessons are from the general sciences then it is allowed for children to study there, whether the teachers are Muslims or if one of them is a Christian. If the one who teaches Kufr beliefs and thoughts is a Muslim it is Haram for the children to learn this from him. The fact that the teacher is a Muslim does not make the children’s study of Kufr thoughts and beliefs from him Halal.
Wives:
Allah (swt) said: “The man is the guardian of the woman”
This means that the man is the Amir and guardian of the household but not the master as people conventionally portray. Guardianship means responsibility. Similar to our children we have a duty to embed Islam within our wives. When many of us came into the da’wa we may have already been married for a number of years and our wives may not have been practising Islam fully. However this does not mean that we become da’wa carriers and we leave our wives as they are and make minimal attempts to change them and make them Islamic personalities and da’wa carriers as well.
We are not absolved from the duty to build Islam within our wives and making them adhere to the shariah rules just because we are da’wa carriers. We cannot just leave our wives to be cultured by the Bollywood movies and kufr propagated in the media and society. We should aspire to make our wives like Aisha (ra), Khadija (ra) and the other wives of the Prophet (saw).
Economic issues
We have to be careful of being affected by secularism such that we separate Islam from our lives such as our economic dealings. We must seek the hukm shari before undertaking any actions.
In this area there are many issues which can be overlooked. I will not go into the issue of Riba as it is well known that it is haram in all its forms whether giving, taking or being part of the transaction of Riba even as a witness. I have selected issues that sometimes may be overlooked.
Rishwah (Bribery)
The system of Rishwah or bribery is very common in most of the third world for example bribing the police, government officials such as for getting planning permission for building or maintaining electricity or water supplies, education officers and the like.
Bribery is basically when someone in any position takes an action which is not obliged upon him by his contract in exchange for money or another benefit. So as an example you get stopped by police for something and you pay them to let you go. Bribery is not a wage, as the wage is defined according the legitimate shariah contract.
Bribery is forbidden by the explicit texts. Ahmad and Abu Dawud and Tirmidhi and ibn Majah narrated from Abdullah bin Amur who said: The Messenger of Allah (SAW) said: “Allah cursed the briber (rashi) and bribe-taker (murtashi).” Ahmad narrated from Tawban who said: “The Messenger of Allah (SAW) cursed the briber, bribe-taker and the mediator meaning the one who walks between the two.” These ahadith are general covering all bribery whether it is seeking a right or something null whether it is seeking to repel a harm or gain a benefit, to remove imposing injustice; all are forbidden. There is no illah or shariah reason for why bribery is haram. It is haram in all its forms, full stop as the texts are absolute on this issue.
Insurance
Today many forms of insurance exist such as insurance on property such as houses, life insurance, vehicle insurance and the like.
Insurance whether on life, goods, property or any of its numerous types is a contract. It is a contract between the insurance company and the insuring person in which the latter asks the insurance company to give him a promise (ta’ahud) that it will compensate him for that thing (‘ayn) which is spoilt or destroyed or for its price with regard to goods or property, or a certain sum of money with regard to life and the like. This takes place if the specified accident/incident (haadith) occurs within a defined period, in exchange for a certain amount of money (premium); and the (Insurance) company accepts this.
All forms of insurance are haram. Insurance is haram due to different reasons. One of the main reasons is:
It is a contract because it is an agreement between two parties, and it includes offer and acceptance, where the offer is from the insuring party and the acceptance is from the company. So in order that this contract be legitimately valid from the Shar'a (divine revelation) point of view, it must contain the Shar'a conditions of the contract. If it contains such conditions it becomes valid, otherwise not. From the Shar'a point of view, the contract should apply upon an object (‘ayn) or a benefit. So if it did not apply upon either a thing or benefit it would be invalid, because it would not apply upon a matter that makes it a legitimate contract. This is so because the legitimate (Shar'a) contract applies either to a thing/object in exchange (for something else) as is the case with selling, company and the like, or it applies upon a thing without an exchange like the gift. Or it applies upon a benefit in exchange for compensation like leasing, or to a benefit without compensation like lending. Thus the legitimate contract must apply upon something.
The insurance is not a contract that applies upon an object or a benefit; rather it is a contract that applies upon a pledge i.e. guarantee (dhamana). The pledge or the guarantee does not represent an object for it cannot be consumed (istahlak) nor its benefit used; nor does it represent a benefit, because no benefit derives from that guarantee itself either by leasing or by lending. As for obtaining money based upon this pledge/promise, this is not considered its benefit; rather it is a result of a transaction. Therefore, the insurance contract is not considered to apply upon a thing or a benefit, and it does not include all of the conditions required by the Shar'a in a legitimate contract, so it is void.
Public Limited Companies (PLC)
Today many Muslims are involved in buying and selling shares in PLC companies on the stock markets. PLC companies are basically companies which float on the stock exchange to generate capital by selling shares, however when people buy these shares they do not have any liability on the company such as being liable for its debts or the business it engages in.
Islam prohibits Public limited companies and prohibits the stock market. There are many evidences from the Quran and Sunnah for this. E.g. Islam does not allow people not to pay their debts and if they are partners in a company they must repay the debts which the company owns therefore having the current share system is prohibited because the owners of the shares and not liable for any of the debts of the company. The Prophet (saw) said:
“He who takes money from people with the intention of paying it back, Allah will pay on his behalf, and he who takes it with the intention to waste it Allah will waste him.”
Other examples
There are many other economic ahkam that we may break due to ignorance, I will not go into their details – however we can read about them in our culture like in the book the Economic system of Islam and you can ask about them in the question and answer session.
For example:
Prohibition of transporting haram goods
If the prohibited goods which one wants to transport is alcohol then moving it is Haraam due the hadeeth mentioned regarding it. If its other goods such as canned meat of animals not slaughtered according to the Sharee’ah way or pork; if one is moving them to destroy them or discard them in refuse containers then it is allowed. However, if they are moved in order to benefit from them or take a wage for doing that such as the worker in shops. If he is hired to stack them or move them then this would be Haraam because this comes under benefiting from the Haraam.
· Selling things you do not have is haram
· The 5 types of company structures in Islam
· The rules of currency exchange
· The rules of contracts
In conclusion, we must stick to the Shariah of Allah (swt) and not deviate from it at all:
The Prophet (saw) said: “Any action done not in accordance with what I have brought it is rejected”
May Allah (swt) give us the strength to fulfil his commands and be of the Mutaqoon.
As da’wa carriers it is vital that we all adhere to the Shariah of Allah (swt) completely, as we are Muslims first and then da’wa carriers. Therefore we are all Ibadallah – slaves of Allah (swt) and are obligated to follow all of his commands and avoid all of his prohibitions.
As da’wa carriers we would be hypocrites if we were calling for the implementation of the shariah and not following the shariah ourselves.
The Muslim is commanded to conduct his actions according to the Shari'ah rules. Allah (swt) says:
"No by your God, they shall not have true belief until they make you judge in all disputes between them, and find in their souls no resistance against your decision, but accept it with the fullest conviction." [TMQ 4-65]
He (swt) also says: "Whatever the Messenger brought you take it and whatever he forbids you abstain from it and fear Allah." [TMQ 59-7]
Therefore, the Muslim should in principle abide by the Shari'ah rules. Besides the Shari'ah principle states: “Every action requires a shariah rule and every rule requires a daleel.” In other words, no matter should be given any rule whatsoever before the advent of the rule of Allah pertaining this matter. The Shariah rule is: “The address of the Legislator related to the actions of the servants.” Therefore, anything that has not been mentioned in the address of the Legislator cannot be considered a Shari'ah rule.
If a Muslim wanted to perform any action, it would be incumbent upon him to abide by the rule of Allah (swt) pertaining that action; thus, he must search for that rule until he recognises it and abides by it. This is what the verses and the Ahadith have indicated clearly. Therefore, it is forbidden for a Muslim to undertake any action or to act towards anything in contradiction to the Shari'ah rule; he should rather abide by the Shari'ah rule in every action he undertakes and in every matter. After Allah (swt) revealed:
"Today, I have perfected your Deen for you, completed my favour upon you and have chosen for you Islam as your Deen." [TMQ 5-3]
And after He (swt) revealed: "And We have sent down to you the Book explaining everything." [TMQ 16-89]
There is not any action left without a Shariah rule and evidences that establish it from the Quran and the Sunnah. It is forbidden for anyone, having perceived these two verses, to claim that some actions and some things or some situations are devoid of the Shari'ah rule, meaning that Shari'ah has completely ignored.
Every action has a hukm either Wajib/Fard, or Mandub, or Haram, or Makruh or Mubah.
In fact the meaning of Taqwa itself is to follow the commands and prohibitions of Allah (swt).
The son of ‘Ali (ra), Al-Hasan (ra) once said, “The people who have taqwa (al-muttaqoon) are the people who avoided whatever Allah (swt) has prohibited and have done whatever Allah (swt) has ordained.”
‘Umar ibn Abdul Aziz (ra) once said, “Taqwa is not by fasting the day and not by praying the night. And its not by mixing between the two of them. But taqwa is leaving what Allah (swt) has made Haram and by doing what Allah (swt) has made Fard. After one has done this, Allah (swt) will provide good things for that person.”
Sometimes it is possible that we may overlook the details of the shariah rules when it comes to our lives and may even be unaware of them. This is unacceptable for the Muslim and especially the da’wa carrier.
So today I want to give some examples which we think are relevant to us in terms of follwing the details of the shariah rules. As many of us come from backgrounds where we are not used to following the shariah rules in many areas. The areas I will focus upon are mainly to do with the social and economic rules.
Mixing between men & women
Islam has restricted the relationship between unrelated men and women and only allowed it in certain circumstances.
This separation is established by the overall Ahkam Shari'ah (divine rules) addressing the man separately, the woman separately, and both of them together. It is also established by the Qur'anic speech to women as women and men as men such as Allah's saying:
"The men and women who give charity and fasting men and women, and the men and women who guard their chastiity and the men and women who remember Allah much..." [Al- Ahzab: 35]and other verses. Such a segregated type of life is also reported as the actual practice in collective form since the days of the Prophet and throughout all the times of Islam.
In Islam, the basic principle of the interaction between men and women is segregation. This means that in all areas of life and in all places whether private or public, contact between men and women is generally prohibited. Many evidences establish the principle of not mixing between the sexes, and there are many ahadith which clarify that this is the case in both public and private areas:
Abu Daud narrated that the Prophet (saw) said, "The best row for men is the front row, (furthest to the women's row) and the best row for women is the back row and the worst is the front row (just behind the men)."
Ibn Umar said, "The Prophet prohibited men from walking between two women." Abu Daud.
Abu Daud narrated that the Prophet (saw) saw men and women outside the mosque moving side by side in the crowd. He stopped the women saying, "It is not proper for you to walk in the middle of the path, you had better walk along the walls."
This means that the Muslims should avoid contact with members of the opposite sex, whether Muslim or not, as a general rule. However, there are exceptions to this general rule, where the mixing or interaction between men and women is permitted in certain situations.
For example, it is permitted for men and women who are Mahrem to each other to mix freely for any purpose that Islam permits. As well, there are certain areas where it is permitted for non-Mahrem men and woman to interact with each other, such as for the purpose of Da'awa (invitation to Islam) or trade. However, the type of mixing that can occur here is not free, and is restricted by the shari'ah to be within certain guidelines and boundaries, and the Muslim must be sure to understand these before any type of mixing takes place. The ahkam (rules) to do with mixing also vary with regard to the kind of place in which the mixing takes place.
1) Medicine: It is allowed for men and women to mix for the purpose of seeking medical treatment. The Sahabiyat used to treat the Sahaba and the Prophet (saw) consented to that.
2) Da’wa: It is allowed for men and women to be present in the same class if the purpose of their mixing is learning about Islam or other types of education permitted by the Shari‘ah. The sister of Umar (ra) was being taught from the Quran by Khabab ibn Arrat (ra) with her husband when Umar entered upon them. It has been narrated that Umm Salamah and Aisha (ra) who used to do da'wa to men and women
3) Marriage: If a man is looking to marry a woman then he is allowed to talk to her about issues related to finding out about her and related to the marriage. A man came to the Messenger Muhammad (saw) to ask about marrying a girl and the Prophet (saw) told him to go and see her i.e. see her in her Mahram’s presence.
4) Duress or Compulsion: At times of absolute necessity or emergency, such as earthquakes, war or hurricanes, the necessary mixing is permitted for men and women in order to remove any danger or threat.
5) State arrest: The evidence for this is from Uthman and Umar (ra) said, "O women, cover yourselves we are entering" and he entered a house to arrest someone with his army and there was Ijma of the Sahaba (consensus of the companions) on this.
6) Eating: In Surah Nur Allah (SWT) says:
“The blind is not to be blamed, the crippled is not to be blamed, nor is the handicapped to be blamed, just as you are not to be blamed for eating at your homes, or the homes of your fathers, or the homes of your mothers, or the homes of your brothers, or the homes of your sisters, or the homes of your fathers' brothers, or the homes of your fathers' sisters, or the homes of your mothers' brothers, or the homes of your mothers' sisters, or the homes that belong to you and you possess their keys, or the homes of your friends. You commit nothing wrong by eating together or as individuals. When you enter any home, you shall greet each other a greeting from Allah that is blessed and good. Allah thus explains the revelations for you, that you may understand.” [TMQ 24:61]
For men and women to eat together is permitted in the places mentioned in the verse such as the home of your fathers or your friends as it says, “You commit nothing wrong by eating together or as individuals”.
However people should be careful that even though eating together with the women at a friends house is permitted that they should leave once they have eaten and beware of socialisation with the opposite sex which would be exceeding the permit.
7) Silat ar-rahm (maintaing the relationship between kith and kin): It is allowed for non-maharam relatives to sit with their non-maharam (people to whom marriage is permitted) for the sake of silat ar-rahm as long as it is without khalwah (privacy). There exist a number of hadith concerning the keeping of good relations with the relatives.
It was narrated by Anas b. Malik that the Messenger of Allah (saw) said: "Whoever loves that he be granted more wealth, and that his lease of life be prolonged, then he should keep good relations with his kith and kin". It is narrated by Abu Hurayra that the Prophet (saw) said: "Allah created His creation, and when He finished it, the womb got up and said, I seek refuge with you from Al-qatia (ties being severed with me)". On that Allah (swt) said: "Don’t you accept that I bestow my favours on him who keeps your ties, and withhold My favours from him who severes your ties?" On that it said, "Yes, Oh my Lord!" Then Allah (swt) said: "That is for you".
However it is not allowed to mix for the purpose of entertainment or just to socialise. For example the Prophet (saw) used to leave when Aisha (ra) friends used to come as it is not allowed to socialise with your sisters or wives friends if they are not related. Another example which is common today is the mixed weddings.
The Mixed party in weddings is haram. This includes the entrance of the bridegroom to the women’s room, sitting on the bridal throne besides his bride, taking photos for and the celebration of the women with him, when they are usually uncovered particularly if they are not mahrem to him. All of such mixing is haram as it mixing for a purpose which Islam did not allow i.e. entertainment. There should be separate halls for men and women or there should be a partition which would stop the women being seen, this should be at least a shoulder height partition.
We know that in reality today many weddings contradict these ahkam and even before the weddings such as mixed mehndi parties where the women and her friends play tricks on the groom to be and his friends. I know many brothers look for the halal alternatives – so when they attend their relatives weddings they ask to sit in a separate room or place which is physically segregated from the women. This creates problems with some relatives and families who do not follow and understand the shariah rules. But as Muslims we must understand that life is a test – in these are part of the tests from Allah (swt).
In some places the da’wah carriers are tested with their lives through torture, removal from their jobs, arrest and harassment of their families and they stick to the Deen. So who are we, if we cannot stick to the shariah rules just due to upsetting some people or our relatives?
Khulwa - Seclusion
Khulwa relates to the presence of a non-Mahrem man and women being on their own together without the presence of a Mahrem or any other person. This could happen in a private place, or a public place. In either case Khalwa is forbidden from Islam, and both the man and women involved are sinful.
Khalwa in a private place: This could occur in any place that requires permission for entry, such as a house or bedroom in a residence building.
Khalwa in a Public Place : This could occur in any public place whose nature is that no other person people would be likely to pass by or come there. Such a place would be in a forest or an isolated room in a university or at work.
Muhammad (saw) said, "If a man and a woman are alone together in an isolated place, then the third is Shaitan."
Responsibility to family
Allah (swt) says: ‘Ward off from yourselves and your families the Fire...’ [TMQ At-Tahrim: 6].
This Ayah makes it obligatory upon us to maintain ourselves and our direct family such as our children, wives, brothers and sisters abide by the ahkam shariah and avoid the hellfire.
There are different shariah rules dealing with the different types of direct relations. I will address some aspects of these rules which we feel are relevant:
Children: It is our Fard to culture our children with the understanding of the Deen and to encourage them in following the shariah rules.
Reported by Ahmad, Abu Dawud that the Prophet (saw) said: ‘Order your children to pray at the age of 7 and beat them when they are 10 (if they do not pray) and separate their beds.’
This means that we have to order our children to pray – we are responsible for this. They should pray at 7 years old and if they do not by 10 years we should beat them lightly, this does not mean that we beat them heavily in a haram way. The scholars said that the beating meant here is by a miswak and not harshly – it is more for the psychological effect.
It is not allowed to leave our children to be cultured by the Kufr society around us such that they are left for ours absorbing the corruption from Zee TV and the bollywood movies – without refuting such corruption and working to build the Islamic personality within them. It is not acceptable for them to start imitating the practises of the Kuffar while we do nothing, for example – when children participate in school events like Valentines day or celebrating the festivals of the Mushriks and Kuffar. The Prophet (saw) said, “Whoever imitates a people is one of them”.
If we spend so much time trying to ensure that our children get good education then how can we ignore their culturing with Islam?
How do we fulfil this duty? The Prophet (saw) said, “Each one of you is a guardian and he is responsible…The man is a Shepard and he is responsible over his family”. The Prophet (saw) also said, “If you see a munkar change it with your hand, if you cannot then with your tongue and if you cannot then hate it in your heart and that is the weakest of Iman”.
So if we are capable and the shariah has given us the right to stop a munkar by our hand then we are obliged to do so. So for example for our daughters we can prohibit them from leaving the house if they do not wear the Hijab and Jilbab as we are their fathers and shariah has given us this right. Also we can make our children pray.
However the meaning of changing the munkar means that we should attempt to change their thinking and behaviour – not just to prohibit them in a robotic manner but to change their concepts and criterion for action. This means we must make the attempt to engage in da’wa with them.
Ibn Majah narrated that the Prophet (saw) said, “Teach your children and teach them properly”. Ibn ‘Abbas narrated that the Prophet (saw) said, “Act upon the obedience to Allah and avoid the prohibitions of Allah, and order your children to abide by the commandments of Allah and to avoid the prohibitions of Allah, and by that you protect yourself and them from the Hellfire.” [Ibn Jurayr]
Allowing children (under the age of puberty) to be sent to schools where Kufr is taught to them is haram.
There are general texts regarding seeking knowledge. He (saw) said: ‘Seek knowledge’. This is general (‘aam) and includes all types of knowledge. So it is allowed for the Muslim to learn any discipline/science but if these sciences lead to a harm (Darar) then learning such sciences would be forbidden and the other sciences would remain permitted in accordance with the Shari’ah principle which states: ‘If any aspect of a permitted thing leads to a harm, then that aspect is prohibited, but the thing remains permitted’. Hence learning something, which causes one to deviate from the beliefs (‘aqaa’id) is considered a harm and learning such harmful ideas will weaken and effect children easily. Therefore, it is forbidden to send children to schools of the Kuffar, which teach the Kufr thoughts and beliefs on the primary level. This is because children are affected by what they learn at this level, and the family is ordered to protect its family members from the Fire of hell. Allah (swt) says: ‘Ward off from yourselves and your families the Fire...’ [TMQ At-Tahrim: 6]. Protecting their children from the fire would be by not sending them to the schools of the Kuffar that teach Kufr beliefs and thoughts.As for the existing schools of the Kuffar in the Muslim lands which teach the same curriculum taught in Muslim schools, it is not forbidden to send ones children to them. This is because their reality differs from the schools of the Kuffar in Kafir countries, which teach Kufr beliefs and thoughts. Also, just because one of the teachers is a Christian does not mean it is forbidden to study in this school, because the education is linked to the curriculum taught. So if Kufr beliefs and thoughts are not taught in a primary school and the lessons are from the general sciences then it is allowed for children to study there, whether the teachers are Muslims or if one of them is a Christian. If the one who teaches Kufr beliefs and thoughts is a Muslim it is Haram for the children to learn this from him. The fact that the teacher is a Muslim does not make the children’s study of Kufr thoughts and beliefs from him Halal.
Wives:
Allah (swt) said: “The man is the guardian of the woman”
This means that the man is the Amir and guardian of the household but not the master as people conventionally portray. Guardianship means responsibility. Similar to our children we have a duty to embed Islam within our wives. When many of us came into the da’wa we may have already been married for a number of years and our wives may not have been practising Islam fully. However this does not mean that we become da’wa carriers and we leave our wives as they are and make minimal attempts to change them and make them Islamic personalities and da’wa carriers as well.
We are not absolved from the duty to build Islam within our wives and making them adhere to the shariah rules just because we are da’wa carriers. We cannot just leave our wives to be cultured by the Bollywood movies and kufr propagated in the media and society. We should aspire to make our wives like Aisha (ra), Khadija (ra) and the other wives of the Prophet (saw).
Economic issues
We have to be careful of being affected by secularism such that we separate Islam from our lives such as our economic dealings. We must seek the hukm shari before undertaking any actions.
In this area there are many issues which can be overlooked. I will not go into the issue of Riba as it is well known that it is haram in all its forms whether giving, taking or being part of the transaction of Riba even as a witness. I have selected issues that sometimes may be overlooked.
Rishwah (Bribery)
The system of Rishwah or bribery is very common in most of the third world for example bribing the police, government officials such as for getting planning permission for building or maintaining electricity or water supplies, education officers and the like.
Bribery is basically when someone in any position takes an action which is not obliged upon him by his contract in exchange for money or another benefit. So as an example you get stopped by police for something and you pay them to let you go. Bribery is not a wage, as the wage is defined according the legitimate shariah contract.
Bribery is forbidden by the explicit texts. Ahmad and Abu Dawud and Tirmidhi and ibn Majah narrated from Abdullah bin Amur who said: The Messenger of Allah (SAW) said: “Allah cursed the briber (rashi) and bribe-taker (murtashi).” Ahmad narrated from Tawban who said: “The Messenger of Allah (SAW) cursed the briber, bribe-taker and the mediator meaning the one who walks between the two.” These ahadith are general covering all bribery whether it is seeking a right or something null whether it is seeking to repel a harm or gain a benefit, to remove imposing injustice; all are forbidden. There is no illah or shariah reason for why bribery is haram. It is haram in all its forms, full stop as the texts are absolute on this issue.
Insurance
Today many forms of insurance exist such as insurance on property such as houses, life insurance, vehicle insurance and the like.
Insurance whether on life, goods, property or any of its numerous types is a contract. It is a contract between the insurance company and the insuring person in which the latter asks the insurance company to give him a promise (ta’ahud) that it will compensate him for that thing (‘ayn) which is spoilt or destroyed or for its price with regard to goods or property, or a certain sum of money with regard to life and the like. This takes place if the specified accident/incident (haadith) occurs within a defined period, in exchange for a certain amount of money (premium); and the (Insurance) company accepts this.
All forms of insurance are haram. Insurance is haram due to different reasons. One of the main reasons is:
It is a contract because it is an agreement between two parties, and it includes offer and acceptance, where the offer is from the insuring party and the acceptance is from the company. So in order that this contract be legitimately valid from the Shar'a (divine revelation) point of view, it must contain the Shar'a conditions of the contract. If it contains such conditions it becomes valid, otherwise not. From the Shar'a point of view, the contract should apply upon an object (‘ayn) or a benefit. So if it did not apply upon either a thing or benefit it would be invalid, because it would not apply upon a matter that makes it a legitimate contract. This is so because the legitimate (Shar'a) contract applies either to a thing/object in exchange (for something else) as is the case with selling, company and the like, or it applies upon a thing without an exchange like the gift. Or it applies upon a benefit in exchange for compensation like leasing, or to a benefit without compensation like lending. Thus the legitimate contract must apply upon something.
The insurance is not a contract that applies upon an object or a benefit; rather it is a contract that applies upon a pledge i.e. guarantee (dhamana). The pledge or the guarantee does not represent an object for it cannot be consumed (istahlak) nor its benefit used; nor does it represent a benefit, because no benefit derives from that guarantee itself either by leasing or by lending. As for obtaining money based upon this pledge/promise, this is not considered its benefit; rather it is a result of a transaction. Therefore, the insurance contract is not considered to apply upon a thing or a benefit, and it does not include all of the conditions required by the Shar'a in a legitimate contract, so it is void.
Public Limited Companies (PLC)
Today many Muslims are involved in buying and selling shares in PLC companies on the stock markets. PLC companies are basically companies which float on the stock exchange to generate capital by selling shares, however when people buy these shares they do not have any liability on the company such as being liable for its debts or the business it engages in.
Islam prohibits Public limited companies and prohibits the stock market. There are many evidences from the Quran and Sunnah for this. E.g. Islam does not allow people not to pay their debts and if they are partners in a company they must repay the debts which the company owns therefore having the current share system is prohibited because the owners of the shares and not liable for any of the debts of the company. The Prophet (saw) said:
“He who takes money from people with the intention of paying it back, Allah will pay on his behalf, and he who takes it with the intention to waste it Allah will waste him.”
Other examples
There are many other economic ahkam that we may break due to ignorance, I will not go into their details – however we can read about them in our culture like in the book the Economic system of Islam and you can ask about them in the question and answer session.
For example:
Prohibition of transporting haram goods
If the prohibited goods which one wants to transport is alcohol then moving it is Haraam due the hadeeth mentioned regarding it. If its other goods such as canned meat of animals not slaughtered according to the Sharee’ah way or pork; if one is moving them to destroy them or discard them in refuse containers then it is allowed. However, if they are moved in order to benefit from them or take a wage for doing that such as the worker in shops. If he is hired to stack them or move them then this would be Haraam because this comes under benefiting from the Haraam.
· Selling things you do not have is haram
· The 5 types of company structures in Islam
· The rules of currency exchange
· The rules of contracts
In conclusion, we must stick to the Shariah of Allah (swt) and not deviate from it at all:
The Prophet (saw) said: “Any action done not in accordance with what I have brought it is rejected”
May Allah (swt) give us the strength to fulfil his commands and be of the Mutaqoon.
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