Saturday, 29 Rajab 1434 AH, 08 June 2013

Part One:

Part Two:

Part Three:

Hizb ut Tahrir Wilayah Pakistan has issued a Publicized Policy Position (PPP) regarding ensuring strong agricultural development upon the vast agricultural lands of the soon to be established Khilafah "Caliphate".

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.

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.