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Question & Answer: Is it up to the Imam to Divert  Funds According to his Opinion and Ijtihad

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Question Four:

I read in The Islamic Personality Volume One: "It is not allowed on the part of the Messenger (saw) that he be a Mujtahid", and I read in The Introduction to the Draft Constitution Part Two: "The Prophet (saw) spent the money from the fai' (war gains) according to his opinion and ijtihad and he spent the money from the jizya (tax for non-Muslims) according to his opinion and ijtihad and he spent the money from the kharaj (agricultural tax) which came from the countries according to his opinion and ijtihad. The Shariah text came and left it for the Messenger (saw) to spend the money as he saw fit, and that was evidence that the Imam can divert these funds according to his opinion and ijtihad, because the action of the Messenger (saw) in doing so is Shar'ii evidence. So it is up to the Imam to divert the funds according to his opinion and ijtihad." The End.

It is as if there is a contradiction between them, could you please explain?

Answer:

There is no contradiction between what is written in The Islamic Personality Volume One and The Introduction to the Draft Constitution Part Two:

Regarding what is written in The Islamic Personality Volume One "It is not allowed on the part of the Messenger (saw) that he be a Mujtahid", the evidences are explained in The Islamic Personality in that chapter. These are clear and correct evidences regarding this issue as Allah (swt) says: {قُلْ إِنَّمَا أُنْذِرُكُمْ بِالْوَحْي} "Say, I only warn you by revelation." [TMQ: 21:45]

In other words, tell them O Mohammad that I only warn you with the revelation that is sent down to me. Meaning, my warning to you is limited to revelation. And Allah (swt) says in Surah al-Najm: [وَمَا يَنْطِقُ عَنِ الْهَوَى* إِنْ هُوَ إِلَّا وَحْيٌ يُوحَى ]

"Nor does he speak from (his own) inclination * It is not but a revelation revealed" [TMQ: 53:3-4]

In other words when it concerns legislation, the Messenger of Allah (saw) only speaks by Revelation and only acts according to Revelation and does not make Ijtihad. Because the Mujtahid succeeds and errs, and this is not proper on the part of the Messenger (saw) who only speaks and acts according to Revelation regarding Legislation.

Regarding what came in The Introduction to the Draft Constitution Part Two, this is related to the State administration in spending in the interest of the Muslims or appointing a wali (governor) or qadi (judge)... so the expenditure of the state property such as jizya, kharaj, fai' and the money of the apostates... according to the interest of the Muslims, is entrusted to the Ijtihad of the State leader in order to achieve the interests of the Muslims. Likewise the appointing of a wali (governor) is entrusted with the Ijtihad of the State leader in order to achieve the interest of the Muslims.

The Messenger (saw) was a Prophet, Messenger and ruler in Madinah, and he (saw) did not make Ijtihad regarding legislation, whereas he informed what was revealed. However concerning expenditure, he (saw) acted as a ruler, using his opinion and Ijtihad, in the interest of the Muslims. Like at Hunain where he (saw) gave some people from the war booty and did not others, noting that this is the only matter where Shariah has entrusted the expenditures to the head of the state. With regards to other matters, it does not apply, such as the spending of zakat.

And running the state administration, such as if the Messenger of Allah (saw) appointed so and so as governor or judge... We do not say that so and so is a governor that his governorship occurred way of Revelation, rather this is from the administrative affairs of the state under the section of the appointment of governors and the likes with his (saw) Ijtihad to achieve the interest of the Muslims.

As of this, there is no contradiction between what is written in The Islamic Personality Volume One and The Introduction to the Draft Constitution Part Two.

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Question & Answer Is Salaatul Jumaah Fard when Khaleefah is not Present

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Question Three:

In a discussion with someone, who prays (salah) at the required times, but does not pray Salaatul Jumaah (Friday prayer) with people, rather prays it as duhr (noon prayer). So when I refused this, he said that the presence of the Khaleefah is a condition for the validity of the Salaatul Jumaah (Friday prayer). Do any of the fiqh scholars hold this opinion? And what is the Hizb's opinion on this matter? JazakAllahu Khair (May Allah reward you)

Answer:

Salaatul Jumaah (Friday prayer) is a duty (fard) whether there is or is not a Khaleefah, and the evidences for this are well-known, and among them are:

Allah the Almighty says:

يَا أَيُّهَا الَّذِينَ آَمَنُوا إِذَا نُودِيَ لِلصَّلَاةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ ذَلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ

"O you who have believed, when [the adhan] is called for the prayer on the day of Jumu'ah [Friday], then proceed to the remembrance of Allah and leave trade. That is better for you, if you only knew." [TMQ: 62:9]

And in his book al-Mastadrak (المستدركه), Al Hakim deducted from Abu Musa that the Prophet (saw) said:الجمعة حق واجب على كل مسلم في جماعة إلا أربعة: عبد مملوك، أو امرأة، أو صبي، أو مريض' "Salaatul Jumaah in congregation is a duty (wajib) upon every Muslim except for four: a slave, a woman, the immature boy and the sick."

Al-Hakim said: "This hadith (narration) is Sahih according to the requirements of the two Sheikhs (Bukhari and Muslim), and we shall not omit it."  Likewise, Al Nisa'i deducted from Ibn Umar, from Hafsa, the Prophet's wife (saw) narrated that the Prophet (saw) said:

"رَوَاحُ الْجُمُعَةِ وَاجِبٌ عَلَى كُلِّ مُحْتَلِمٍ"

"Attending Jumaah is a duty (wajib) on every pubescent"

And these evidences are clear that it is not restricted to the Imam (the Khaleefah).

This is also the opinion of the followers of the three Madhahib (schools of thoughts) (Malik, Shafaii and Ibn Hanbal) but only the Ahnaf (followers of Abu Hanifa) stated Jumaah requirements are: The permission of the Sultan (the leader) himself, or his representative or his formal deputy representative, as this is how it was at the time of the Messenger of Allah (saw) and in the era of the rightly guided Khulafaa. This is how it was, if there was an imam or his deputy in the town during the time for Jumaah. If none of them were present, because of death or sedition or whatever resembles this, and the time for Jumaah entered, then people should gather around a man amongst them, to lead them in their Salaatul Jumaah.

The permission of the Sultan (leader) is an outweighed opinion with us, based on the aforementioned evidences.

 

In summary, Salaatul Jumaah is a duty (fard) whether a Khaleefah is present or not.

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The Honour of the Woman is at the Bottom of Priorities, under Capitalism

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Facebook was pressured over a week of campaigning to regulate misogynistic content on the site which glorify violence against women and demean them. There has also been humour on the social media website, centred around rape which has drawn a lot of concern.

It took a number of advertisers to withdraw their ads as well as pressuring from many women's organisations for Facebook to finally take action.  Facebook claimed that they would need to differentiate between what is "cruel and insensitive" and what was "distasteful" before removing content.

This global company has dragged its heels in taking off such material and on top of that is trying to keep on the content which may still poke fun at exploiting women but is not 'cruel'.  A company, whose Chief Operating Officer Sheryl Sandberg has been the poster girl of the modern day woman, has shown that when it comes down to business there are no uncompromisable ideals at all. It has sought to allow the exploitation and degradation of women to continue, however 'light-hearted', in order to keep business going.

Capitalism allows the business agendas of companies to dictate what ideas and views they wish to disseminate in society. And the only compass which shapes these agendas is not the moral compass, but the compass of money. Therefore we have a secular Capitalist society that talks a lot about value and equality of women, however businesses who sell everything from soaps to cars by exploiting the beauty of a woman, to companies like Facebook who overlook the demeaning of women, just swallow this talk whole.  Making the woman a commodity for male whims and desires happens across multiple industries, from the entertainment industry, to the beauty industry to of course the billion dollar pornography industry.  This is to the point that these big industries of Capitalism ultimately end up shaping the culture and preoccupations of people on the street, despite all the women's rights and lobby groups existing in society trying to go against this and raise the value of the woman - British MP Diane Abbott raised concerns about the overly-'pornified' environment that young people in the UK are currently growing up in, as a result of all this culture, and the affect this is having on them.

Thus the actions or inaction more like of Facebook, just reflect the wider attitude towards the viewpoint and the value of women in a Capitalist secular society. That the way she is viewed is a secondary issue, to how well businesses can thrive and succeed.

The attitude towards women under the Islamic Khilafah "Caliphate" system is more than a world away from such a reality. Under Islam the viewpoint of the woman is clearly defined through hadith of the Prophet (saw):

"الدُّنْيَا مَتَاعٌ وَخَيْرُ مَتَاعِ الدُّنْيَا الْمَرْأَةُ الصَّالِحَةُ"

"The world and all things in it are precious but the most precious thing is a virtuous woman." (Muslim)

This elevated view of the woman cannot be compromised in society at any expense, as this hadith illustrates that a virtuous woman is worth more than all the wealth that could be accumulated from the world.

Therefore the rules and laws of the Islamic social system which are then implemented, seek to ensure this view remains protected and upheld in society. One of these is the punishment held for anyone who even defames a woman's chastity or character wrongly, which is met with harsh punishment. This alongside rules such as the prohibiting the exploitation of women in any industry, make real the high value of the woman in society and not just ideas or talk. However big the business, however much revenue it makes, the Islamic Khilafah "Caliphate" would ensure the honour of the woman is always first.

((هَـؤُلاء وَنَزَّلْنَا عَلَيْكَ الْكِتَابَ تِبْيَانًا لِّكُلِّ شَيْءٍ وَهُدًى وَرَحْمَةً وَبُشْرَى لِلْمُسْلِمِينَ))

"We have sent down the Book to you making all things clear and as a guidance and mercy and good news for the Muslims." [Surah An-Nahl: 89]

 

Umm Abdullah Khan

Women's Media Representative Britain

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Only the Khilafah can End the Afghan-Pak Cross Border Dispute

Recently, the Afghan and Pakistani troops clashed yet again over Goshta, the border district of Nangarhar province, which left a few soldiers dead and injured from both sides. An Afghan soldier, killed during the incident, was widely covered by the Afghan media and in social networks. He was celebrated in gatherings, debates, round tables, web pages and entire media outlets as a martyr (Shaheed) and hero.

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Wilayah Syria: Talk at the Souq Mosque in the liberated Riqqa

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Engineer Hisham al-Baba, Head of the Media Office of Hizb ut Tahrir/ Wilayah Syria in a mosque in the center of the central market of the liberated city of Riqqa in the presence of a large number of people of the revolution highlighted the risks surrounding the revolution of the Sham, especially in light of the intensification of the campaign the recent U.S. aimed to install the tyrant's regime and abort the revolution by calling for conference dialogue they called Geneva 2. The listeners' reactions to this talk was very positive, and the existing potential were reviewed when the people of the revolution to address these malicious plan and stand firm in the face of the supported co-conspirators who act as the representation of revolution participants in this conference. The positions of the people were honorable revealing the authentic Islamic spirit rooted in the hearts of the people of Syria.

Sunday, 09 Rajab 1434 AH, corresponding to 05/19/2013

 

 

 

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