Hizb ut Tahrir / East Africa strongly condemns the act of injustice, brutality and barbarism injuring Ustadh Ponda Issa through a gun shot while returning from an Islamic seminar. This injustice is done while in Zanzibar, some Muslims are in jail unjustly, the government interfering in running of mosques through control and spying, suppressing and harassing of dawah carriers on a daily basis etc.

Member of the oppositional Syrian National Coalition, Michel Kilo, on 07/15/2013 revealed the coalition's desire to create an executive council of ten members in order to reorganize the various oppositional factions in an organized army that enjoys adequate funding and uses appropriate weapons. He also stated his desire to integrate former Syrian army officers into the Syrian army and those who sit unemployed in Jordan and Turkey to be integrated in the new structure decided upon. "It has to be reorganized and restructured under a real lead and with discipline." On 08/09/2013 the chairman of the Syrian opposition coalition, Ahmed al-Jarba, revealed the formation of a national army that will comprise six-thousand fighters in the first phase. At a gala dinner in the Jordanian capital Amman, he said that the coalition is in the process of working out a strategy with the Presidency of the Staff of the Free Syrian Army to form a national army that will open its doors to volunteers in the south and the north to become a nucleus, and to get rid of the warlords and a lot of problems...

As for the dirty U.S. mission to which the coalition has pledged, it has been identified by al-Jarba in the presence of his mentor Michel Kilo, through his sporadic remarks. On the 24^th of July, al-Jarba met French President Hollande with a delegation of the entire spectrum of Michel Kilo to Burhan Ghalioun to Salim Idris, Farouk Tayfur in addition to Suheir Atassi of the group of Kilo. Al-Jarba admitted to him that the expansion of the coalition was a Western requirement, and told him that there exists a possibility for the West "to trust the new composition". When criticized during the meeting with the French Foreign Relations Committee for the speech of the leader of the Jabhat al-Nusra, who called for "jihad and shariah law," al-Jarba said, "The revolution in Syria did not take place to expel a dictator and replace him by extremists and a militant system ... and we are the first to suffer from jihadists."

Being the criminal that he is, Salim Idris who was present at the meeting emphasized that "there is no local alliance between the Syrian opposition and the jihadists to confront the regime's army and its militias."  On the 26^th of July when al-Jarba met with Kerry in the presence of Michel Kilo, he assured him of the full commitment of the Syrian coalition to a democratic Syria (i.e. a non-Islamic Syria), and that it completely condemns all types of terrorism (i.e. Islam), and that it refuses to turn Syria into a totalitarian state (i.e. the rightly guided Khilafah "Caliphate" state), and that it understands the U.S. concerns about extremism and the possibility of deviation of military aids (i.e. them falling into the hands of Islamists). When al-Jarba met with members of the UN Security Council, including Russia and China, he stated that the aim was to prepare for the Geneva 2 Conference. Similarly when al-Jarba met with the new Emir of Qatar on the 31^st of July, he declared that he supports the unconditional participation in the Geneva 2 Conference...

Oh Muslims in Syria ash-Sham, the abode of Islam:

Since the expansion of the Syrian National Coalition in late May according to the U.S. command, and since the secular members became part of it, and specifically those members belonging to the Democratic Forum block of Michel Kilo, all of this was done to create a dominance of the secular representation. Since the election of Ahmed al-Jarba on 07/06/2013 as president of the coalition, who is part of Kilo's block, and with the election of his political body, ever since the Syrian Coalition is heading forward according to an agenda which reveals the conditions on which the expansion and the election (as not to call it an appointment) were based. This agenda is based on certain matters; from it is the requested arming by the west to strike the Islamists instead of the regime, and sitting down to the table of dialogue with the Syrian regime at the Geneva 2 Conference instead of striking the regime...

The holding of the Geneva 2 Conference is linked to achieving advances on the ground, the most important of this advances is to strike the Islamist rebels whom they describe as extremists, and then sit at the table of dialogue with the criminal Syrian regime in Geneva 2. Hence the weapons are meant for the Fitna between the people to fight one another in the interest of America and the Syrian regime, who will take part in the drama of inventing fake victors for the National Army in order to draw the people's support for them, in order to succeed at distancing the support for the Islamic project. Finally to replace the rule of Michel Aflaq with the rule of Michel Kilo who leads the coalition from behind a curtain. It is this same Kilo who warned in an interview with al-Mushahid as-Siyasi of the danger of armed fundamentalist organizations, saying: "It should not be underestimated what these organizations are doing against the revolution ...under all circumstances we should not continue to ignore their risks ... ignoring them would amount to a fatal error, and it is an error of the same extent to cooperate with them on the basis of the idea that opposing the regime takes priority." The one who contemplates this speech will come to understand that Kilo makes striking the Islamists a priority before the dialogue with Bashar. Rather it is a prelude to such dialogue! Therefore Kilo is considered a connection point between Bashar and the international parties!

Oh Steadfast Muslims in Syria ash-Sham:

Know that this National Coalition has been suspicious since its inception, its members were selected in embassy back rooms, they are subjected to a work agenda imposed on them from the embassies, their travel expenses and residencies in high-star hotels are paid for by the embassies, and their arguments in the coalition are solved for them by the embassies... Do not give Allah an argument against you for proceeding with the likes of those who have prescribed themselves to the agency of the West and the betrayal of the Muslims. We in Hizb ut Tahrir address all Muslims: Their scholars, the influential amongst them, their general public and the people of power amongst them to join us on the method of the Prophet (saw) to establish the Deen by establishing a rightly guided Khilafah "Caliphate", in compliance with the verses:

وَلْتَكُنْ مِنْكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنْكَرِ وَأُولَئِكَ هُمُ الْمُفْلِحُونَ * وَلَا تَكُونُوا كَالَّذِينَ تَفَرَّقُوا وَاخْتَلَفُوا مِنْ بَعْدِ مَا جَاءَهُمُ الْبَيِّنَاتُ وَأُولَئِكَ لَهُمْ عَذَابٌ عَظِيمٌ * يَوْمَ تَبْيَضُّ وُجُوهٌ وَتَسْوَدُّ وُجُوهٌ فَأَمَّا الَّذِينَ اسْوَدَّتْ وُجُوهُهُمْ أَكَفَرْتُمْ بَعْدَ إِيمَانِكُمْ فَذُوقُوا الْعَذَابَ بِمَا كُنْتُمْ تَكْفُرُونَ * وَأَمَّا الَّذِينَ ابْيَضَّتْ وُجُوهُهُمْ فَفِي رَحْمَةِ اللَّهِ هُمْ فِيهَا خَالِدُونَ * تِلْكَ آيَاتُ اللَّهِ نَتْلُوهَا عَلَيْكَ بِالْحَقِّ وَمَا اللَّهُ يُرِيدُ ظُلْمًا لِلْعَالَمِينَ

"And let there be [arising] from you a nation inviting to [all that is] good, enjoining what is right and forbidding what is wrong, and those will be the successful. And do not be like the ones who became divided and differed after the clear proofs had come to them. And those will have a great punishment. And do not be like the ones who became divided and differed after the clear proofs had come to them. And those will have a great punishment. But as for those whose faces will turn white, [they will be] within the mercy of Allah. They will abide therein eternally. These are the verses of Allah. We recite them to you, [O Muhammad], in truth; and Allah wants no injustice to the worlds." [Ali Imran: 104-108]

O Muslims of Pakistan!

Each and every one of us today is well aware of the economic misery and foreign policy humiliation at the hands of the Kayani-Sharif regime, as well as those regimes before it. Not only are we aware, we are long-suffering victims. Moreover, we notice that the last three regimes came through elections in democracy, as corrupt as those dictatorships that came by coup.

Question:

(Translated from Turkish)

Assalamu Alaikum, I have the following question:

Sheikh An-Nabahani (ra) said that the fourth Aayah of Surah Muhammad was revealed before the Battle of Badr. What is the evidence for this? While the majority have said that it was revealed after the Battle of Badr? I would be pleased, if you could explain this.

If the married Jaariyah (the one whose right hand possesses) commits Zina (adultery), then is her Hadd (prescribed punishment) Ar-Rajm (stoning)?

The Answer [from the] Arabic:

Wa Alaikumu Assallam Wa Rahmatullahi wa Barakaatuhu,

Your question arrived to me in the Turkish language and after being translated into Arabic, I have answered it in Arabic which was then translated to Turkish. Here is the answer:

Firstly: The Aayah that you have asked about is the following in Surah Muhammad (sallalahu alaihi wassalam):

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 those who disbelieve [in battle], strike [their] necks until, when you have inflicted slaughter upon them, then secure their bonds, and either [confer] favor afterwards or ransom [them] until the war lays down its burdens. That [is the command]. And if Allah had willed, He could have taken vengeance upon them [Himself], but [He ordered armed struggle] to test some of you by means of others. And those who are killed in the cause of Allah - never will He waste their deeds." [Muhammad: 4]

Surah Muhammad (sallalahu alaihi wassalam) was revealed before the Battle of Badr and the evidence (daleel) for that is as follows:

1) The Messenger of Allah (saw) passed judgement over the captives of war on the day of Badr and this means that the Hukm (ruling) related to the captives had already been revealed because the Messenger of Allah (saw) does not pass judgement without revelation (Wah'i).

2) There is nothing in the Quran Al-Kareem related to captives except for that which has come in Surah Muhammad (saw): ((فَإِمَّا مَنًّا بَعْدُ وَإِمَّا فِدَاءً )) "and either [confer] favor afterwards or ransom [them]" This means that it was revealed before Badr in which captives were taken.

3) The Aayah: ((فَإِذَا لَقِيتُمُ الَّذِينَ كَفَرُوا فَضَرْبَ الرِّقَابِ حَتَّى إِذَا أَثْخَنْتُمُوهُمْ فَشُدُّوا الْوَثَاقَ فَإِمَّا مَنًّا بَعْدُ وَإِمَّا فِدَاءً))

"So when you meet those who disbelieve [in battle], strike [their] necks until, when you have inflicted slaughter upon them, then secure their bonds, and either [confer] favor afterwards or ransom [them]" This Aayah starts with 'Fa Idhaa' (فإذا) (So when or if) and this is followed by the verb in the past tense form 'Laqeetum'  (لقيتم) (You have met) i.e. that the meeting has not yet occurred. This means therefore that the Hukm in the Aayah was revealed before fighting had taken place as the Aayah explains the Hukm (ruling) related to captives when fighting occurs and no fighting took place in which there were captives that required a Hukm (legal ruling) except for Badr.

4) In addition the speech of the All Mighty: ((حَتَّى إِذَا أَثْخَنْتُمُوهُمْ فَشُدُّوا الْوَثَاقَ)) "when you have inflicted slaughter upon them, then secure their bonds," This is a clarification of the Hukm of the time in which captives are taken in battle and this is after the 'Ithkhaan' (killing and wounding of many). And so this would have been revealed before the Battle of Badr because the issue of Al-Ithkhaan occurred for the first time in Badr and as such it is an explanation that captives are only taken after the Ithkhaan which is an explanation of a new Hukm for a reality that had not yet previously occurred.

5) Due to the above the Mantooq (explicit wording) of the Aayah indicates that it was revealed before the occurrence of fighting and it came explaining the ruling (Hukm) of the captives before fighting actually happened and before the occurrence of the Ithkhaan ((فإذا لقيتم)) "So if/when you meet them", ((حتى إذا أثخنتموهم)) "Until when you have killed and wounded many from them." Despite the existence of reports stating that Surah Muhammad was revealed after Badr, the Aayah outweighs the Hadeeth as long as it is not possible to combine and reconcile them which if possible is preferable. However in this case Al-Jam'u (combination and reconciliation) is not possible because the narrations state that the Hukm related to the prisoners was revealed after Badr whilst the Aayah indicates that the Hukm related to the captives was revealed before Badr. For this reason Tarjeeh (outweighing between evidences) needs to take place and the Aayah is stronger outweighing the Ahadith that oppose its meaning.

What emphasizes and strengthens that is the fact that there is no ruling (Hukm) given for captives except for that found in Surah Muhammad and there had been no fighting that required the Hukm for captives except for the fighting of Badr. This is because the Messenger of Allah (saw) passed judgment in regards to the captives of Badr and he (saw) does not pass judgment unless it is from the Wah'i (revelation).

Secondly: As for the Hukm of the married Jaariyah (the one whose right hand possesses) commits Zina (adultery), then it is 50 lashes and the Daleel (evidence) is the speech of Allah (swt):

فَإِذَا أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ ذَلِكَ لِمَنْ خَشِيَ الْعَنَتَ مِنْكُمْ وَأَنْ تَصْبِرُوا خَيْرٌ لَكُمْ وَاللَّهُ غَفُورٌ رَحِيمٌ

"And after they have been taken in wedlock, if they commit illegal sexual intercourse, their punishment is half that for free (unmarried) women. This is for Him among you who is afraid of being harmed in his Religion or In his body; but it is better for you that you practise self-restraint, and Allah is Oft­Forgiving, Most Merciful." [An-Nisaa 25]

And the meaning of 'Half of that of the "نِصْفُ مَا عَلَى الْمُحْصَنَاتِ" ‘Muhsanaat' means half of the Hadd (prescribed punishment) of the free unmarried woman who commits adultery. The ‘Muhsanah' here means the unmarried free woman and if she commits Zinaa the Hadd for her is 100 lashes and half of that are 50. The ‘Muhsanah' here does not refer to the married free woman who commits the act of Zinaa because the Hadd (prescribed punishment) of stoning cannot be divided in half. The Aayah mentions: "نِصْفُ مَا عَلَى الْمُحْصَنَاتِ" "Half that of the free women" and this is a Qareenah (indication) indicating that the 'half' refers to the Hadd of the free un-married woman i.e. half of one hundred which is '50 lashes'. This means that the Khilafah "Caliphate" State will apply the Hadd punishment of 50 lashes upon this category of woman and the Hudood (prescribed punishments of Allah) can only be implemented by the State and they cannot be implemented by individuals. This is an important point that must be fully understood.

However my attention was caught by your question about the married Jaariyah who commits the act of Zinaa,

This is because now Jiwaari (the ones whose right hand possesses) do not exist, so why do you ask?

And I fear that when you stated the Jaariyah (the one whose right hand possesses) you intended the free servant (Khaadimah) and she is not considered to be that which the right hand possesses (i.e. Jaariyah) upon which the ruling of the 'Half of the free woman' applies upon. Rather the Khaadimah (servant) is free and takes the rulings (Ahkaam) of the free women and as such it is necessary to fully comprehend this reality i.e. to understand that the Hukm mentioned in the Aayah applies upon the Jaariyah that is the one whose right hand possesses and these do not exist in our current time. As for servants, they are free women.

Your brother,

Ata Bin Khalil Abu Al-Rashtah

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