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Question & Answer: Is it Permissible to Possess Forms and Metals that have a Specific Significance if they were from al-Rikaz

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Question:

With respect to the subject of al-Rikaz, it is mentioned in the book, al-Amwal (The Funds) that there is one fifth of al-Rikaz, and the question is: with respect to the forms and metals that have a specific significance or express a specific view about life such as: crosses, and statues that are manufactured from ivory, is it permissible to possess them if they were from al-Rikaz? Which means: selling them, benefitting from their costs, and then extracting a percentage of fifth from them?

Answer:

According to al-Rikaz, if the material is prohibited, then it is prohibited to own, buy, or sell it...

Thus, if a Muslim finds a buried Rikaz that is made up from prohibited material "crosses, statues", it is prohibited for him to possess it due to its prohibited form. Hence, it is permissible to break it so as to change its prohibited form, and sell its broken parts, and the fifth of the cost should be paid to the Khilafah "Caliphate" if it existed since it is paid to the state to spend on the interests of Muslims and needy. And if the Khilafah "Caliphate" was non-existent, the fifth of the cost should be paid to the poor, needy, and the interests of Muslims, and the remaining 4/5 percentage is for him.

This is as long as the statue and the cross are not from the bones of dead because breaking it won't remove the characteristic of the dead from it.

However, if it was from the bones of dead bodies or their horns, there is a difference in opinion between jurists regarding its purity (tahara) or filthiness (najasah)... The opinion that I outweigh (muraj'ih) is that which says that it is filthy and the characteristic of the dead bodies is applied on it.  ((قَالَ مَنْ يُحْيِ الْعِظَامَ وَهِيَ رَميم )) Allah (swt) said: "He says, ‘Who will give life to bones while they are disintegrated?'" The textual meaning of "yuhyi" (give life) with the bones shows that the bones of the dead bodies are considered dead also.

In conclusion, if the statue or the cross is from any part of a dead body, it is not permissible to benefit from it even if it is broken because the parts of a dead body is considered also dead, and its ruling is applied on it.

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Palestine: Thousands Rally in Tulkarem Marking the Anniversary of the Fall of the Khilafah

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Hizb ut Tahrir / Palestine organized a massive rally in Tulkarem on Saturday, 29 Rajab 1434 AH corresponding to 08 June 2013, with thousands marching chanting for Khilafah "Caliphate" marking the anniversary of the destruction of the Khilafah "Caliphate" under the title of "Khilafah "Caliphate" will Liberate Al-Aqsa , Rescue the Muslims and Save Humanity."

 

 

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Question & Answer: Is there a Clear Statement Where Taqleed for more than One Mujtahed is Forbidden

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Question:

Is there a clear statement for the issue where taqleed for more than one mujtahed is forbidden? Then how will I know that this is one issue or more? May Allah reward you.

Answer:

In al-Shakhsiyya Volume One in the chapter: Moving (tanaqqul) from one mujtahid to another, [p. 234-5 (Arabic) and p.188 (English edition)], the following is mentioned:

"But it should be clear that the issue where it is permissible for him to leave the ruling that he used to follow to another ruling, it is required that the issue is separated from any other issues, and that leaving it is not consequent to affecting other provisions of legitimacy. However, if it was related to another issue, then it's not permissible for him to leave it until he leaves all the issues related to it because it it considered all one issue. For example, it was a condition for another ruling or one pillar of the pillars of a complete work, as praying, making wudoo', and the pillars of prayer. It's not permissible to those who follow al-Shafi'i, for example, to follow Abu Hanifa in his opinion that touching a woman does not break the wudoo' and continue praying following the Shafi'i mazhab. It is not permissible to follow who says that moving as much as you want during prayer does not invalidate the prayer or who say reading al-Fatiha is not one of the pillars of prayer, and then continue praying following who says that moving a lot invalidates the prayer or reading al-Fatiha is one of the pillars of prayer. The ruling that is permissible to leave is the one that does not affect other actions that are performed within other provisions of legitimacy." It is clear from all that the definition of an issue depends on its separation from others, and that it's not consequent to affecting other provisions of legitimacy, so that it won't be a pillar, a condition of establishment, or a condition of validity for another rulings, because at this time it won't be separated from others.

And we can clarify this more as follows:

Defining the issue: what is meant by the issue is every action or group of actions that nothing depend on it for its truthfulness. Whereas part of the issue is every action that is inevitable to achieve its validity as conditions and pillars.

Examples:

  • Al-Wudu': actions where others depend for their validity on them because the validity of prayer depends on wudu'. For that, the wudu' is not an issue, according to the definition, but it is considered a part of the prayer that is inevitable to achieve its validity.
  • Prayer: actions that no other actions depend on it for their validity, so it is an issue. Everything that is inevitable to achieve its validity is considered a part of prayer, such as: the pillars, and the conditions of validity like purity (tahara) and facing the Qibla.
  • Intention in fasting: an action on which the validity of another action depends on it, as the validity of fasting depends on the intention; for that, the intention is not an issue but part of another issue.
  • Fasting: an action that nothing depend on it for its validity, so it is an issue, and everything that is inevitable to achieve its validity is considered part of it, such as: the intention and refraining from things that break the fasting.

If somebody follows a Mujtahed in praying, then he should follow this Mujtahed in all its parts like wudu', purifying filthiness (tahara), Qibla, and the pillars of prayer. If somebody follows a Mujtahed isn fasting, then he should follow this Mujtahed in all its parts like the intention, the wujoob of making it everyday or for the whole month, the timing of the intention during the day or at night, matters that void fasting, and the license when to break fasting. But it is permissible follow a Mujtahed in another issue.

This is as long as the person is a Muqaled (a learned follower), but whenever he has the capability to judge the evidences, it is permissible for him to abandon the Mujtahed that he followed and follow the strongest evidence.

I hope that I clarified this issue, and Allah is the Guide and Sustainer.

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Question & Answer Is there a Specific Banner Regarding Color or Shape that the People of al-Sham Should Abide?

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The following has been brought into question from one of the brothers, and I will cite its text: Assalamu alaykum wa rahmatullahi wa barakatuhu...

The controversy here in Syria regarding the banner of Rasoolullah (saw) has increased, including the disagreements. One of the questions that were directed to the Islamic Authority of al-Sham on its website titled: "Is there a specific banner for Syrians to abide?" The following was mentioned in their response: "There is no reference about the Prophet Muhammad's (saw) war banners regarding color or shape. It was confirmed that Prophet Muhammad (saw) had a black and sometimes white banner and others also yellow. It was not confirmed that Prophet Muhammad (saw) had anything written on these banners as some backward-minded have suspected, and what was narrated by Ibn Abbas that the banner of Prophet Muhammad (saw) had the following written on it: "La Ilaha Illa Allah, Muhammad Rasoul Allah" is a void (batil) Hadith as stated by scholars." The End.

Please provide the answer regarding this subject, and may Allah reward you with good deeds.

Answer:

First: The color of the banner and the flag, the Sahih and Hasan Shari' evidences that were narrated shows that the banner is white, and the flag is black from the following evidences:

1- أخرج النسائي في سننه الكبرى، والترمذي عَنْ جَابِرٍ، أَنَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ «دَخَلَ مَكَّةَ وَلِوَاؤُهُ أَبْيَضُ». وأخرج ابن أبي شيبة في مصنفه عَنْ عَمْرَةَ قَالَتْ: «كَانَ لِوَاءُ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَبْيَضَ» An-Nasa'i has narrated in his book al-Sunan al-Kubra, and at-Tirmidhi has narrated on authority of Jaber that Prophet Muhammad (saw) "entered Makkah with his white banner." Ibn Abi Shayba narrated in his Musannaf on authority of Amra that she said: "the banner of Prophet Muhammad sallalahu alaihi wassalam was white." أخرج أحمد، وأبو داود، والنسائي في سننه الكبرى عن يُونُسُ بْنُ عُبَيْدٍ مَوْلَى مُحَمَّدِ بْنِ الْقَاسِمِ، قَالَ: بَعَثَنِي مُحَمَّدُ بْنُ الْقَاسِمِ إِلَى الْبَرَاءِ بْنِ عَازِبٍ يَسْأَلُهُ عَنْ رَايَةِ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَاهى؟ فَقَالَ: «كَانَتْ سَوْدَاءَ مُرَبَّعَةً مِنْ نَمِرَةٍ"

2. Ahmad, Abu Dawud, and an-Nasa'i in his book al-Sunan al-Kubra have narrated on authority of Younus bin Obeid, the slave of Mohammad Bin al-Qassem that he said: Mohammad Bin al-Qassem sent me to al-Baraa bin Azeb to ask him about the flag of Prophet Muhammad sallalahu alaihi wassalam what is it? He said: "it was a black square from Namira". أخرج الترمذي وابن ماجه عَنْ ابْنِ عَبَّاسٍ قَالَ: «كَانَتْ رَايَةُ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ سَوْدَاءَ، وَلِوَاؤُهُ أَبْيَضَ»

3. At-Tirmidhi and Ibn Majah have narrated on authority of Ibn Abbas who said: "The flag of Prophet Mohammad sallalahu alaihi wassalam was black, and his banner was white." وأخرج البغوي في شرح السنة، عَنْ عَمْرَةَ، قَالَتْ: «كَانَ لِوَاءُ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَبْيَضَ، وَكَانَتْ رَايَتُهُ سَوْدَاءَ...» Al-Baghawi has narrated in Sharh al-Sunnah on authority of Amrah who said: "the banner of Prophet Mohammad sallalahu alaihi wassalam was white, and his flag was black..."

Second: As to what was mentioned that it was yellow as in the Hadith of Abu Dawud and al-Baihaqi, there is an argument in his sanad (chain of narration). حَدَّثَنَا عُقْبَةُ بْنُ مُكْرَمٍ، حَدَّثَنَا سَلْمُ بْنُ قُتَيْبَةَ الشَّعِيرِيُّ، عَنْ شُعْبَةَ، عَنْ سِمَاكٍ، عَنْ رَجُلٍ مِنْ قَوْمِهِ، عَنْ آخَرَ مِنْهُمْ قَالَ: رَأَيْتُ «رَايَةَ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ صَفْرَاءَ" The Hadith is as follows: Uqbah bin Mukram narrated, Salm bin Qutayba al-Sha'iri narrated, on the authority of Shu'ba, on authority of Simak, on the authority of a man from his tribe, on authority of another person from them, said: I saw "the flag of Prophet Mohammad sallalahu alaihi wassalam yellow." And as you see, there are two unknowns in the sanad (chain of narrations) of the Hadith, and it is weak.

Third: As to what was narrated that (the flag of Ali (radiyallahu anhu) at the day of Siffeen was red written on it: Mohammad Rasoolullah, and he had a black flag.) It is clear that it is not a Hadith from Prophet Mohammad (saw), but it is an action of a Sahabi. In addition to that, the narration itself also says: "and he had a black flag", and as it is known what is approved is the Hadith of Prophet Mohammad (saw).

Fourth: This is in regards to the color of the flag of Prophet Mohammad (saw) and the color of his banner, i.e. the official flag for the state, and also its banner... As to the fact that some tribes used to take a flag with a special color in their wars to distinguish themselves, this is permissible. For example, the army of al-Sham can take in war a flag with a different color in addition to the black flag, and the army of Egypt can take also a flag with a different color in addition to the black flag... And this is from the permissible (mubah). وقد ورد عند الطبراني في الكبير عن مَزِيدَةَ الْعَبْدِيَّ، يَقُولُ: «إِنَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَقَدَ رَايَاتِ الْأَنْصَارِ فَجَعَلَهُنَّ صُفَرًا" It was narrated in at-Tabarani in al-Kabeer on authority of Mazeeda al-Abdi' saying: "The Prophet (saw) has knotted the flags of al-Ansar and made them yellow." وكذلك ورد عند ابن أبي عاصم في الآحاد والمثاني عَنْ كُرْزِ بْنِ سَامَةَ قَالَ: «...وَإِنَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَقَدَ رَايَةَ بَنِي سُلَيْمٍ حَمْرَاءَ" And it was narrated from Ibn Abi Asem in al-Aahad and al-Mathani on the authority of Kurz bin Sama who said: "... And the Prophet sallalahu alaihi wassalam knotted the flag of Bani Suleim red", so this is from the permissible (mubah). Army brigades nowadays use badges to differentiate themselves other than the official flag of the state, and it is permissible also to differentiate the armies by their names, as if numbering each army of its armies, so it is called: the first army, the third army for example, or naming it by its wilayah from the wilayat, or a province from its provinces, so it is called: Al-Sham Army or the Aleppo Army for example.

Fifth: As for the writing on it, فقد أخرج الطبراني في الأوسط قال: (حَدَّثَنَا أَحْمَدُ بْنُ رِشْدِينَ قَالَ: نا عَبْدُ الْغَفَّارِ بْنُ دَاوُدَ أَبُو صَالِحٍ الْحَرَّانِيُّ قَالَ: نا حَيَّانُ بْنُ عُبَيْدِ اللَّهِ قَالَ: نا أَبُو مِجْلَزٍ لَاحِقُ بْنُ حُمَيْدٍ، عَنِ ابْنِ عَبَّاسٍ قَالَ: «كَانَتْ رَايَةُ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ سَوْدَاءَ وَلِوَاؤُهُ أَبْيَضُ، مَكْتُوبٌ عَلَيْهِ: لَا إِلَهَ إِلَّا اللَّهُ مُحَمَّدٌ رَسُولُ اللَّهِ». لَا يُرْوَى هَذَا الْحَدِيثُ عَنِ ابْنِ عَبَّاسٍ إِلَّا بِهَذَا الْإِسْنَادِ، تَفَرَّدَ بِهِ: حَيَّانُ بْنُ عُبَيْدِ اللَّهِ) It was extracted by at-Tabarani in al-Awsat: (Ahmad bin Rashdine narrated that Abdul Ghaffar bin Dawud Abu Saleh al-Harrani said: Hayyan bin Obeidillah told us that Abu Mijlaz Laheq bin Humeid narrated on authority of Ibn Abbas who said: "The flag of the Messenger of Allah sallalahu alaihi wassalam was black and his banner white written on it: La Ilaha Illa Allah".

This Hadith is not narrated by Ibn Abbas except by this isnad (chain), and it is exclusive to Hayyan bin Obeidillah). And Hayyan bin Obeidillah differed in its documentation: A. Ibn Hibban mentioned it in al-Thiqat, and this is in his book al-Thiqat Volume 6/230: (7491 - Hayyan bin Obeidillah Abu Zuhair the slave of Bani Odai narrating from Abu Mijlaz and his father, and Muslim bin Ibrahim and Musa bin Ismail have narrated from him) B. al-Thahabi mentioned it in his book Mizan al-I'tidal (623/1): (2388 - Hayyan bin Obeidillah, Abu Zuhair, sheikh from Busra on authority of Abi Mijlaz. Al-Bukhari reported: al-Salt had mentioned his mix up) Al-Salt is bin Mohammad Abu Hammam, and Abu al-Hajjaj mentioned him in his book, Tahtheeb al-Kamal fi Asmaa al-Rijal 79/2. He said: Abu Hammam al-Salt bin Mohammad al-Kharki is from Kharek, an island in the gulf area close to Oman, and al-Bukhri had narrated for him in al-Saheeh. Due to his mix-up in ahadith due to his old age, al-Uqeili had considered him from the weak narrators in his book, al-Dho'afa' al-Kabir 319/1 where he said: Hayyan bin Oeidillah Abu Zuhair is from Busra... And Adam bin Musa narrated that he heard al-Bukhari said: Hayyan bin Obeidillah Abu Zuhair was mentioned by al-Salt to be mixing up (jumbling) ahadith... Al-Thahabi said about him in his book al-Mughni fi ad-Do'afaa 198/1 "Hayyan bin Obeidillah Abu Zuhair al-Basri on authority of Abu Mijlaz is not reliable." Therefore he is disputed as there are people who make him reliable, and others who consider him from those who are weak because he mixed up when he became old. It seems that when he became old, he started to jumble. However, the issue is the writing of "La Illaha illa Allah Mohammad Rasool Allah" on the flag and the banner, and jumbling ahadith does not affect this writing, especially that there are two reliable narrators in the sanad between him and the Prophet (saw): Abu Mijlaz Laheq bin Hameed and Ibn Abbas, so we adopted the writing of the two Shahadahs on the flag and the banner.

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Abolish Democracy, Establish Khilafah Hizb ut Tahrir / Wilayah Pakistan Issued an Open Letter to Nawaz Sharif

After Nawaz Sharif's taking oath of the office of Prime Minister of Pakistan, Hizb ut Tahrir / Wilayah Pakistan has issued an open letter. This letter has been issued keeping in mind the legacy of last two tenure of Nawaz Sharif as prime minister and statements he has issued after winning the election, as an advice and warning to him. This letter is also being distributed across the country.

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The Global Khilafah Conference in Jakarta "A Magnitude Change of the World towards the Khilafah"

Hizb ut Tahrir / Indonesia organized a massive global conference attended by more than 120 thousand Muslims on the occasion of the 92nd Hijri anniversary of the Imperial Kafir's abolishment of the Islamic Khilafah "Caliphate", under the title "A Magnitude Change of the World towards the Khilafah "Caliphate"". The conference was attended by prominent personalities of Hizb ut Tahrir from Indonesia and Egypt, Tunisia, Lebanon, Syria, Turkey, Yemen, Pakistan, Holland, Australia, and Britain.

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