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The Answer to the Question: 1. The Hukm (ruling) of Women who Participate on the Battle Field 2. Relationship of the Islamic State with Belligerent States (Muhaarabah Fi'lan) To: Ziyad Ziyad

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Question:

Assalamu alaikum to my brother, Sheikh and Ameer.

1. In a discussion I had with one of the Shabab, we disagreed in regards to the women in the situation of war. Does the Hukm (ruling) of the women that go out to the battle field to encourage the army apply upon them or does the Hukm of Asraa' (captives/prisoners of war) apply to them whilst acknowledging that today there are women fighters like men in terms of carrying weapons, using aircraft, artillery or participate in naval warfare....

2) The following was stated in the publication of Introduction to the Constitution of the Khilafah "Caliphate" State, (Mashroo' Dustoor Dawlat ul-Khilafah "Caliphate") in the fourth point of Article 188: "(In regards to) the actual warring states like Israel for example it is obligatory to take with it the state of war as the basis for all actions and dealings just as if we are in an actual war with it and this is whether a Hudnah (truce) exists between them or not, and all of its subjects are forbidden from entering the lands..." I referred to this article in the book Introduction to the Constitution, and I did not find any details explaining this article and its four points. The question here is: Is it permitted for the Khilafah "Caliphate" State to have a Hudnah (treaty) with the Jewish entity whilst it is usurping our lands?

 

Answer:

Wa alaikum assalam wa Rahmat Allahu wa Barakatahu,

 

Firstly: Yes, the Hukm (ruling) in respect to the women who go out to the battle field whether to encourage the troops or fight alongside them, is the same Hukm. However it is not permitted to kill the women who have come out to the battle scene to encourage the soldiers whereas it is permitted to kill those who are fighting. This is in accordance to the Hadith that is agreed upon on the authority of Naafi' that Abdullah Ibn 'Umar (ra) informed him: "That a woman had been found killed in one of the battles of the Prophet (saw): فَأَنْكَرَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَتْلَ النِّسَاءِ وَالصِّبْيَانِ "So the Messenger of Allah (saw) condemned the killing of women and children." This is in addition to a Saheeh Hadeeth collected by Abu Dawood from 'Umar Bin Al-Muraqqa' Bin Saifi Bin Rabaah who said: My father narrated that his grandfather Rabaah Bin Rabee' said: "We were with the Messenger of Allah (saw) in a military expedition and saw the people gathering around something so he sent for a man and said: «انْظُرْ عَلَامَ اجْتَمَعَ هَؤُلَاءِ؟» "Go and look at what they are gathering around?" He returned and said: Around a woman who has been killed. So he (saw) said:«مَا كَانَتْ هَذِهِ لِتُقَاتِلَ» "This one did not participate in the fighting." The Mafhoom (understanding) from this statement is that had she been fighting then it would have been permissible to kill her.

This is the difference; however in all other Ahkam, there is no difference between women who go to the battlefield to encourage the troops and those who fight alongside the troops.

This all applies to the case when women go out to the battlefield. However if the women remain in their houses without exiting to the battlefields then there is nothing in that regards to them.

And in all circumstances, the application of the Shariah rulings is referred to the Khaleefah and not to the leaders of the battlefields. And the action of the Khaleefah proceeds in accordance to the requirements of the war policy in dealing with the enemies. Since it is from the war-related dealings, which is at the discretion of the Khaleefah's command. He acts according to what he deems fit in regards to the enemy in agreement with the Ahkam Shari'.

As for the Hukm (legal ruling) of the Asraa (captives/prisoners of war), this applies to the male fighters because the word 'Aseer' (captive) when it is mentioned refers to the male fighter. The Hukm of the Asraa is mentioned in Surah Muhammad (saw) in the following Aayah:

 

فَإِذَا لَقِيتُمُ الَّذِينَ كَفَرُوا فَضَرْبَ الرِّقَابِ حَتَّى إِذَا أَثْخَنْتُمُوهُمْ فَشُدُّوا الْوَثَاقَ فَإِمَّا مَنًّا بَعْدُ وَإِمَّا فِدَاءً حَتَّى تَضَعَ الْحَرْبُ أَوْزَارَهَا ذَلِكَ وَلَوْ يَشَاءُ اللَّهُ لَانْتَصَرَ مِنْهُمْ وَلَكِنْ لِيَبْلُوَ بَعْضَكُمْ بِبَعْضٍ وَالَّذِينَ قُتِلُوا فِي سَبِيلِ اللَّهِ فَلَنْ يُضِلَّ أَعْمَالَهُمْ

 

"So, when you meet (in fight Jihaad In Allah's Cause), those who disbelieve smite at their necks till when you have killed and wounded many of them, Then bind a bond firmly (on them, i.e. take them as captives). Thereafter (is the time) either for generosity (i.e. free them without ransom), or ransom, until the war lays down its burden. Thus [you are ordered] but if it had been Allah's will, He himself could certainly have punished them (without you). But (He lets You fight), in order to test you, some with others. But those who are killed In the Way of Allah, He will never let their deeds be lost." [Muhammad: 4]

 

Therefore they are either released (Mannan) or they are ransomed by money or a prisoner exchange with Muslims captives or captives from the Ahl al-Dhimmah. Other than these two options is not permitted.

Secondly: The relationship of the Islamic State with belligerent countries (that are in an actual state of war) (Muharabah Fi'lan).

 

It appears that you still have an older version of the book, Introduction to the Constitution, as you mentioned that this is Article 188 whilst in the official version of 1431 AH (2010) it is Article 189. And secondly in the older version the subject of truce (hudnah) in the case of the actual war was not explained in detail whilst in the new official adopted version it has been detailed. We explain in it that the permanent truce (hudnah) is not permitted as it means the abandoning of Jihad. However, a temporary truce may be held with the disbelieving (kufr) countries by the entity on the land have not yet opened by Muslims. The Daleel (evidence) for this is the Truce of Al-Hudhaibiyah with the Quraish who were upon land that Muslims had yet to conquer.

As for the entity that is established entirely upon usurped Islamic land then it is not permitted to contract a Hudnah (truce) with it albeit permanent or temporary. The reality of the Truce of Al-Hudhaibiyah with the Quraish does not apply upon it because the reality is different. This is because the Quraish were established upon land which had not previously been conquered by the Muslims whereas the Jewish entity is established upon land which it has usurped from the Muslims. So the reality is different and as such the Treaty of Al-Hudhaibiyah is not applied upon it. Rather it is obligatory for the state of actual war to maintain this state of actual war whether or not a Hudnah has been convened between it and the illegitimate rulers in the Muslim lands. This continues until the usurping entity is removed and the land that has been usurped is returned to its rightful people.

 

((وَأَخْرِجُوهُمْ مِنْ حَيْثُ أَخْرَجُوكُمْ))

"And expel them from where they have expelled you."

 

This is because the Hudnah (truce) with the usurping entity means its recognition, its surrender of the land to the usurpers. This is forbidden in accordance to the Shariah and indeed it is a major crime and the one who does this will carry its sin.

The subject is discussed in full detail in Introduction to the Constitution.

 

Your brother,

Ata Bin Khalil Abu Al-Rashtah

 

The link to the answer from the Ameer's Facebook Page:

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Indonesia: Protests Denouncing the Brutal Massacres that Occurred in Egypt & Syria

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Hizb ut Tahrir/ Indonesia organized protests throughout many cities of Indonesia the most noted the Jakarta protest before the Egyptian Embassy then moving forward to the tyrant Bashar's Embassy denouncing the brutal massacres that occurred in Egypt and Syria, which is the latest chemical massacre in the countryside of Damascus.

Saturday, 17 Shawwal 1434 AH corresponding to 24 August 2013 CE

 

Picture Slideshow: Click Here

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Headlines News 29/08/2013

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Headlines:

  • Mosques Declared Terrorism Organisations by NYPD: Report
  • Britain Suspends 49 Export Licences to Egypt
  • Iranian Officials: Israel will be First Victim of a Syria Attack
  • Pakistani Public Opinion on the US Hits Low Point

Details:

Mosques Declared Terrorism Organisations by NYPD: Report

The New York Police Department (NYPD) has secretly labelled entire mosques as terrorism organisations, the Associated Press reported on Wednesday. The label has allowed the department to spy on imams and record sermons without having specific evidence of criminal activities. This means that anyone attending the prayer service is part of organisation and can potentially be investigated and go under surveillance. As per confidential police documents and interviews, NYPD has initiated more than a dozen "terrorism enterprise investigations" into mosques following the terror attacks on World Trade Centers (WTC) in New York. Although mosques have never been charged for a criminal activity in New York, many TEIs have expanded to continue the on-going surveillance. The TEI, as it is known, is a police tool intended to help investigate terrorist cells and the like. The confidential document also reveals that NYPD investigated numerous innocent Muslims and kept their information in secret files. According to interviews with federal law enforcement officials, as NYPD conducts at least a dozen enterprise investigations, FBI never did one. Following the strategy, NYPD has also sent numerous undercover officers into mosques in order to plant informants in the Islamic institutions. The documents were disclosed in a lawsuit against NYPD accusing the department over racial profiling while combating crime. Earlier this month, a judge ruled that the department's use of the stop-and-frisk tactic was unconstitutional. [Source: The Express Tribune]

 

Britain Suspends 49 Export Licences to Egypt

Britain suspended 49 export licences to Egypt on Wednesday, saying it wanted to prevent British goods being used in unrest that has led to civilian deaths in the Arab country. London has already taken action to restrict exports to Egypt, last month withdrawing five licences for goods such as components for armoured fighting infantry vehicles, communication equipment for tanks and machine gun parts. Wednesday's suspension, which applies to licences for the Egyptian army, air force and internal security forces, covers a range of equipment, including spares for helicopters and aircraft, specialist software and communications equipment. "As a result of the developing situation in Egypt, we have agreed with EU partners in this instance to go further and suspend all export licences for goods which might be used for internal repression," Business Secretary Vince Cable said in a statement. "By acting together, we want to send a clear signal that we condemn all violence in Egypt." More than 1,000 people, including about 100 police and soldiers, have been killed since the army deposed Islamist President Mohamed Mursi on July 3 in the worst internal violence in the Egyptian republic's history. Most died when the security forces dispersed two pro-Mursi protest camps on August 14. The suspension will be kept under review until "conditions in Egypt indicate that it is appropriate to lift these restrictions," Cable's statement added. Last week, the European Union stopped short of agreeing immediate cuts in financial or military assistance to Cairo when the bloc's foreign ministers held emergency talks to find ways to help bring an end to violence in Egypt.[Source: Reuters]

 

Iranian Officials: Israel Will Be First Victim of a Syria Attack

Iranian officials have issued warnings that if a U.S.-led coalition attacks Syria Israel could find itself in the line of fire. "If such an incident takes place, which is impossible, the Zionist regime will be the first victim of a military attack on Syria," Iran's Fars new agency quoted senior parliamentary official Hossein Sheikholeslam as saying on Monday. Iranian officials often refer to Israel as the "Zionist regime" or "Zionist entity".) Sheikholeslam's warning follows a similar one from a senior Syrian official on Monday: Khalaf Muftah, a former assistant information minister in Syria, claimed that Damscus would hold Israel as being "behind the (Western) aggression and (it) will therefore come under fire," reports the Times of Israel. On Tuesday another Iranian parliamentarian, Mansur Haqiqatpur, also emphasized the threat of retaliation against Israel in the event of a military strike on Syria. If it were to occur, "the flames of outrage of the region's revolutionaries will point toward the Zionist regime," said Haqiqatpur. The series of threats come in the wake of increased momentum towards military intervention in Syria from Western governments. The Obama administration, as well as Britain and France, says that there is "undeniable" evidence that President Bashar Assad's regime used chemical weapons on civilians last week, leaving hundreds dead. As the U.K. works on a draft resolution it will put to the UN Security Council on Wednesday "authorizing necessary measures to protect civilians" in Syria, UN weapons inspectors have resumed their investigation into the alleged chemical weapons attack last week. Meanwhile, reports have emerged over the weekend that Israelis are ramping up gas mask distribution. The Israel Postal Company has seen a fourfold rise in gas masks requests across the country since news broke of the suspected use of nerve agents by Assad.[Source: Time World]

 

Pakistani Public Opinion on the US Hits Low Point

Pakistanis' perception of the United States has fallen to a new low, placing Pakistan at the top of the list of countries with unfavourable views of the United States, a survey released by the Pew Research Center indicates. The United States was viewed positively by only 11 percent of 1,201 adults interviewed in Pakistan. The latest findings, released last month, mark a decline in the U.S. image in Pakistan. Last year, 12 percent of respondents had a favourable opinion of the United States, while in 2000, 23 percent of Pakistanis surveyed had a positive perception, the Washington research organization said. Michael Kugelman, South Asia associate at the Woodrow Wilson International Centre for Scholars in Washington, said an anti-American narrative among Pakistani opinion leaders portrayed the United States as a meddling superpower. "What makes things worse is that this narrative -- and the conspiracy theories that fuel it -- has been proven true in certain cases," Kugelman told UPI Next in an email interview. "For example, take the contention that the CIA wreaks havoc throughout Pakistan. Several years back, a CIA contractor shot and killed two Pakistani civilians in broad daylight," he said, referring to CIA contractor Raymond Davis' killing of two men in Pakistan's second-largest city, Lahore, in January 2011. Experts also cited U.S. drone strikes on suspected militant hideouts in tribal areas along the Afghan border as one of the major reasons for a decline in public perception of the United States. "Pakistani leadership, politicians of all political parties have roundly condemned the use of drones, citing violation of sovereignty and collateral damage of innocent lives," Ispahani said. "The Pakistani media, mostly urban, has been vehemently anti-drone and therefore anti-U.S. in their reports, articles and talk shows."  Between 2004 and 2013, the United States mounted 371 drone strikes killing more than 3,000 people, including 195 children, statistics from the United Kingdom's Bureau of Investigative Journalism show. The drone strikes are controversial among Pakistanis who say it is a violation of the country's sovereignty. However, U.S. Secretary of State John Kerry, during his visit to Pakistan this month, told Pakistan state television that terrorists such as al-Qaida members violate Pakistan's sovereignty.[Source: UPI.COM]

 

Abu Hashim

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Threatening with Military Intervention in Syria, Which is Increasingly Talked About, is the Epitome of Evil It is to prevent the rule of Islam and to produce an alternative agent to rule instead of their agent Bashar after his role is exhausted

Currently the circulating talk of military intervention by America and its allies under the pretext of their opposition to the use of chemical weapons by the regime is escalating. They shroud that under "defending humanism and morality" while they are devoid of this. America, Britain, France, Russia and all Kafir colonial states have for so long trampled all humanitarian and ethical values with their feet in the prisons of Bagram, Guantanamo and Abu Ghraib... Not to mention their flagrant spying! They are infamous for competing in nuclear and biological crimes, weapons of mass destruction and monstrous massacres... Evidence of this is scattered in all corners of the world, from Hiroshima and Nagasaki to the terrible massacres in Iraq and Afghanistan, the Caucasus, Mali and Chechnya...among others.

Moreover these countries, especially America, gave the greenest of green light to Bashar to use chemical weaponry to kill children, women and the elderly. Had it not been for this green light, the tyrant would not have dared to use it in al-Ghouta, but he had already used chemical weapons in Syria before al-Ghouta, and even after al-Ghouta, as today news of toxic gases having been used by the regime in some areas of Syria has been reported. All this took place with the knowledge and approval of America and its allies...

Thus the human and moral motivations in which they shroud their military intervention are purely sick and blatant lies; it is an undeniably invalid argument, as understood by every possessor of insight, vision and a healthy heart.

The reality of this military intervention from America, which leads the evil colonial forces, is to arrange the situation in Syria under the pressure of military intervention in order to find an alternative agent regime to the agent regime of Bashar, who has neared the expiration of his role. This is because they could not market their creations in the National Council and Coalition to the people inside Syria, and could not drive them to voluntarily accept their creations instead of Bashar and his henchmen. The camp of evil feared that the people of Syria will establish the rule of Islam and sever the roots of the Kuffar and the Munafiqun. Hence America and its allies want to prevent this by military intervention in certain places, to then ignite negotiations between the regime and the coalition, leading to an alternative agent regime that does not differ than Bashar's regime except for less grim faces!

 

Oh Muslims, Oh People in Syria, Oh Honest and Sincere in your Work against the Tyrant of ash-Sham:

The duty is to prevent this military intervention and the fatal creations carried out by all means. The tyrant is about to leave at your hands! Your success has drawn near of the establishment of the rule of Islam in your lands, which will protect your Deen, yourselves, your honor and your wealth...a rightly guided, just rule that will restore truth...a rightly guided Khilafah "Caliphate" that will restore to Syria its light and role, for it is the abode of Islam and will return to be so, inshaAllah!

Remain steadfast and patient in the face of oppression and the oppressors, and know that rescuing your land by your own hands, no matter how severe the sacrifices, is khair (good) for you in your Deen and your Dunya than the entry of the colonial Kuffar into your land under the pretext of rescue! It is not a rescue, rather it is certain death!

((كَيْفَ وَإِنْ يَظْهَرُوا عَلَيْكُمْ لَا يَرْقُبُوا فِيكُمْ إِلًّا وَلَا ذِمَّةً يُرْضُونَكُمْ بِأَفْوَاهِهِمْ وَتَأْبَى قُلُوبُهُمْ وَأَكْثَرُهُمْ فَاسِقُونَ))

"How (can it be)! while if they prevail against you, they would not pay regard in your case to ties of relationship, nor those of covenant; they please you with their mouths while their hearts do not consent; and most of them are transgressors." [At Tauba 9:8]


O Muslims, O Brethren in Syria, O those who are honest and sincere in their work against the tyrant of al-Sham:

The use of Kaffir imperial states to resolve our problems is a grave issue and a malignant evil, and a betrayal of Allah (swt), His Messenger (saw) and the Believers, and by it you dictate on yourselves the wrath of Allah, the strong and great, for Allah (swt) says:

يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَتَّخِذُوا الْكَافِرِينَ أَوْلِيَاءَ مِنْ دُونِ الْمُؤْمِنِينَ أَتُرِيدُونَ أَنْ تَجْعَلُوا لِلَّهِ عَلَيْكُمْ سُلْطَانًا مُبِينًا

"O you who have believed, do not take the disbelievers as allies instead of the believers. Do you wish to give Allah against yourselves a clear case?"

And the Messenger (saw) says:

«لَا تَسْتَضِيئُوا بِنَارِ الْمُشْرِكِ»

"Do not seek light from the fire of a Mushrik." As narrated by Ahmad on the authority of Anas. And in a narration from al-Bahiqi:

«لَا تَسْتَضِيئُوا بِنَارِ الْمُشْرِكِينَ»

"Do not seek light from the fire of the Mushrikeen."

And likewise it was narrated by al-Bukhari in his Tareekh al-Kabeer quoted, as in do not make the fire of the polytheists a light for you. And fire is a euphemism for war, and the hadith is metaphorically speaking about war next to the polytheists and taking their opinion, so the prohibition of using them is understood from the hadith, as he said:

«فَإِنَّا لَا نَسْتَعِينُ بِمُشْرِكٍ»

"We do not use the Mushrik." Narrated by Ahmad and Abu-Dawood. So using the military intervention of the Kufaar or even consulting them in the terms of our problems is a great transgression that is not correct and not permissible.

And indeed it is tragedy for the imperialists to pledge and threaten military intervention in Syria, while the rulers in the Islamic lands sit by, watching what is happening and what is going on, as if it is happening from a very far distance, and as if they are blind and deaf and do not hear the distress of the people of Syria, so it is not them who should save them as Allah (swt) said:

وَإِنِ اسْتَنْصَرُوكُمْ فِي الدِّينِ فَعَلَيْكُمُ النَّصْرُ

"And if they seek help of you for the religion, then you must help"

And it is an obligation upon them, if they had any remaining shame, to move their armies that are stationed in their barracks to save their brethren in Syria and rid them of the tyrant of al-Sham. The people of Syria with the help of their brothers in the surrounding Islamic land are able, Allah willing, to eliminate the tyrant and form the rule of Islam in al-Sham, the center of Dar al-Islam, without the imperialist Kuffar intervening to construct a new regime that is no different from the old regime, only with a change in the shade of face, so Syria shall return to the rule of the Taghoot again after the sun of the rule of Islam almost shined in the land of al-Sham once again.

The Imperial Kuffar have never entered a land without corrupting it and demolishing its buildings and vandalizing its foundations, and the images of this still remain and have not been erased, indeed some of them still speak of their crime, and testify to their abusive treatment. Military intervention is a great upheaval and malignant evil, so stand guard against it. Beware of rushing to request their support assuming that they will rescue you, otherwise you will be regretful when regret is of no use.

فَتَرَى الَّذِينَ فِي قُلُوبِهِمْ مَرَضٌ يُسَارِعُونَ فِيهِمْ يَقُولُونَ نَخْشَى أَنْ تُصِيبَنَا دَائِرَةٌ فَعَسَى اللَّهُ أَنْ يَأْتِيَ بِالْفَتْحِ أَوْ أَمْرٍ مِنْ عِنْدِهِ فَيُصْبِحُوا عَلَى مَا أَسَرُّوا فِي أَنْفُسِهِمْ نَادِمِينَ

إِنَّ فِي هَذَا لَبَلَاغًا لِقَوْمٍ عَابِدِينَ

"So you see those in whose hearts is disease hastening into [association with] them, saying, "We are afraid a misfortune may strike us." But perhaps Allah will bring conquest or a decision from Him, and they will become, over what they have been concealing within themselves, regretful."

"Indeed, in this [Qur'an] is notification for a worshipping people."

 

 

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Tunisia: Protest Calling for Victory for the People of Egypt & al- Sham

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Hizb ut Tahrir/Tunisia organized a protest for the people of Egypt and al Sham's victory. Protest started after the Friday prayer from al-Fatih Mosque to Habib Bourguiba Street.

Friday, 16 Shawwal 1434 AH corresponding to 23 August 2013 CE

 

Sideline from the Protest

 

 

Sideline Speeches from the Protest

 

 

Sideline Chants from the Protest

 

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