Say, Are they equal, those who know and those who do not know? Koran [39.9] Say [to them, Oh Muhammad]: This is My Path, I invite to Allah, and so do those who follow me with [spiritually guided] insight. Koran [12.108] Get involved in http://www.JesusMuhammad.com www.Allah.com www.Muhammad.com Every Muslim and Judges Jurisprudence Handbook Formly: The Reliance of the Traveller (Ahmad ibn Naqib al Misri ) A Classical Manual of Islamic Sacred Law translated by Noah Ha Mim Keller ( 1991 ) THE TRAVELER ON LIFES HIGHWAY TO THE CREATOR 1998 Judicial sections in 353 chapters in 28 books A Classical Everyone Handbook of Islamic Daily Jurisprudence Practices by Ahmad Ibn Naqib Al-Misri, Islamic Suprime Judge Died 769/1368 Muhammad.coms version 2.0 2004 Translated by Shaykh Noah Ha Mim Keller Kellers version is 1.04 1991 Simplified and Supplemented By Ahmad Darwish As-shaykh Ghumarian Muhaddith and Sammania Order Shaykh Muhammad.com Founder 2004 www.Muhammad.com Please pass it on freely -Thanks Classification: What is 1.2.3 1 = Book No 1 2 = Chapter No 2 3= Section No 3 Over centuries, it was and still, the Muslim scholars habit to improve and correct each other work, in the name of Allah, not for show off. I pray that shaykh Keller review this work and perfect it. Amen. Ahmad Darwish Al-Shaykh (of Muhammad.com neither asks nor accepts money.) Preface in the Name of the Merciful, the most Merciful Allah Allah created all humanity from Adam to all the prophets such as Noah, Abraham Moses, Jesus and Muhammad to guide and genuinely care about peoples spirituality and to regulate their materialistic needs via the revelation for the objective of justice and pursuit of happiness here and the hereafter. The Transcendence of Allah above His creation. He is not a body with a form, or a limitary, quantitative substance, not resembling bodies in quantifiablility or divisibility, or in being a substance or qualified by substance, or being an accident or qualified by accidents. He does not resemble anything that exists, nor anything that exists resembles Him. There is nothing whatsoever like unto Him, nor He is like unto anything. He is not delimited by magnitude, contained by places, encompassed by directions, or bounded by heavens or earth. Allah, The Merciful willed to the Throne (Koran 20.5) in the way He says and the meaning He intends, 'willed' in a manner transcending contact, settledness, fixity, indwelling, or movement. The Throne does not bear Him up, but is borne up by the subtlety of His infinite power, as are the angels who carry it, and all are powerless in His grasp. Allah is above the Throne, the heavens, and all else to the farthest reaches of the stars, with an aboveness that does not increase His nearness to the Throne or heavens, or His distance from the earth and what lies beneath it. He is as exalted in degree above the Throne and the heavens as He is above the earth and its depths, though He is near to everything in existence, nearer to a worshipper than his own jugular vein, and is witness to everything. His nearness no more resembles the nearness of objects to one another than His entity resembles the entities of objects. The Seat, Throne, and its carrying Angles are carried by Allah. He does not dwell in anything, nor anything indwells in Him. He is as exalted above containment in space as he is above confinement in time. He was, before creating time and space, and is now even as He was. He is distinguished from His creation by His attributes. There is nothing in His entity other than Him, nor His entity is other than Him. He is beyond change and motion, events neither occur within Him nor changes befall Him. He remains in His attributes of Majesty exalted above change, and in the attributes of His perfection beyond the need of any increase in perfection. The existence of His entity is known by human reason, and in the Everlasting life is beheld by the eyesight of the righteous as a beatitude and favor, to consummate their perfect joy with the sight of His Noble Countenance. Preface of honoring, venerating and praising Prophet Muhammads birth and Prophethood. All Honor from Allah to Prophet Muhammad is in the Precedence of his prophethood In the authentic Prophetic Sayings reference Muslimun, it was reported that the Prophet Muhamnmad, venerated by Allah and given peace said, Allah the Mighty, the Glorified has written the destiny of creation before creating heaven and earth by fifty thousand years when His throne was over water. Among what He has written in the memorandum which is the essence of the book is that Muhammad is the Seal of the Prophets. Erbad [Al Erbad son of Saria] said that the Prophet Muhamnmad said, Indeed I was with Allah as the Seal of the Prophets when Adam lay in his clay shape before the soul was breathed into him. Maysarah [Maysarah Adabi] said, Oh messenger of Allah, when were you a prophet? He said, When Adam was between the stage of the spirit and the body. Suhay [Suhay son of Salih Alhamidani] said I asked Abu Jafar [Abu Jafar Muhammad, son of Ali], How come Muhammad preceded the other prophets while coming after them? He replied that, Allah, when He took the oath from the souls of the children of Adam and their descendants and made them bear witness (Am I not your Lord? chapter 7: verse 172) Prophet Muhammad was the first to say Yes, indeed. Therefore he preceded them though he was the last to be sent. [7:172] When your Lord brought forth descendants from the loins of Adam's children, and made them testify concerning themselves (He said): 'Am I not your Lord.' They replied: 'We bear witness (that You are.) Sheikh Taqi Adeen [Asobki] said, It is reported that it came to us that Allah created the spirits before the bodies therefore the indication of his statement, I was a prophet referring to his honorable spirit or his reality. This reality is something our brains fell short of recognizing for only our Creator knows it and those He has supplied with His divine light. The truth of the reality of the Prophet Muhammad is that Allah has given it the characteristic of prophethood before creating Adam as he created it ready as such, and he overflows with these at that time, therefore he became a prophet and has his name written on the throne and informed the angels and others about his honor with Allah. So his reality existed from that time, though his honorable body with the same characteristics came later. Ashabi said, A man asked the Messenger of Allah, When were you given the prophethood? He replied, When Adam was between the stage of the soul and the body, when the oath was taken from me. So he is the first prophet of creation and the last to be sent. Other scholars said that Prophet Muhammad exclusively was taken from the backbone of Adam before the creation of the spirit because he is the target of human creation; he is its core root and its middle ring. Now Imam Ali (Ali Abu Talib), may Allah honor his face, and also Ibn Abbas reported, Allah never sent a prophet from Adam and those who followed him except that he gave an oath regarding prophet Muhammad that if he is sent while that prophet is alive, he is to believe in him, support him, and charge his nation with the same. enter Koran verse from our Sheikh Taqi Adeen Asboki said regarding this honorable verse that the Prophets greatness and his high value, which is obvious by the mere mention that if he comes in their time they must accept him, meaning he is a messenger sent to them. Therefore his prophethood and messengership are absolutely general to all creation from the time of Adam until the day of Judgment. Therefore, all the prophets and their nations are among his nations. Then his statement I was sent to all people is not only subject to the people of his time until the day of Judgment, but also before him, clarifying now it is clear that his statement I was a prophet when Adam was between clay and spirit. Now it is known that the Prophet Muhammad is the prophet of the prophets and therefore it is apparent that on the Day of Judgment that all the prophets are under his flag. Also, in this life, during the night journey he led all of them in the prayer. Had he appeared in the time of Adam, Noah, Abraham, Moses, and Jesus, Allah has venerated and given them peace, it would have been obligatory on them and all their nations to believe in him and support him, as such was the oath Allah took from them. Jumped from p.11 to p. 15 [3.81] And when Allah took the covenant of the Prophets: 'That I have given you of the Book and Wisdom. Then there shall come to you a Messenger (Muhammad) confirming what is with you, you shall believe in him and you shall support him to be victorious, do you agree and take My load on this? ' They answered: 'We do agree. ' Allah said: 'Then bear witness, and I will be with you among the witnesses. ' Eve gave birth to 40 children in 20 births, including Sheath, who was born alone, and from whom Muhammads lineage comes. So the light of Prophet Muhammad came from Adam to Sheath, and Adam took a bequest not to put this light in any but the pure and goodly females and this bequest continued throughout the centuries until it reached Abu Talib and his son Abdullah, so Allah has protected this admirable lineage from committing any illegitimacy during times of ignorance, as reported by the Prophet Muhammad in many narrations. Ibn Abbas said, The messenger of Allah, said, None of illegitimacy gave birth to me, rather I came only via Islamic marriage. Hisham (Son of Muhammad Ibn Kalbi, via his father) said, I have recorded 500 tribal mothers for the prophet and never came across any illegitimacy or any affairs of ignorance. Imam Ali, Allah has honored his face, said that the Prophet Muhammad said, I emerged from marriage and I never emerged from illegitimacy from Adam until my father and mother parented me and I have never been touched by any illegitimacy of people of ignorance. Ibn Abbas, may Allah be pleased with him and his father, said that the Messenger of Allah said, My ancestors never met on illegitimacy and Allah continued to turn me from good males and good females, purified and civilized, and kept passing me through the best of their offspring. Among the authentic references of Hadith, Bukhari reported that Abu Hurairah, may Allah be pleased with him, said that the Prophet Muhammad said. I was sent through the best centuries of the children of Adam, one century after another until I came to the century I am in. In the authentic of Muliman, Wathila Ibn Alasqa, said that the Prophet Muhammad said, Allah has chosen Kinanah from the children of Ishmael and has chosen Koraysh from Kinanah and Hashim from Koraysh and He has chosen me from the children of Hashim. Ibn Abbas said, the messenger of Allah said, Allah has created people and put me in the best of their parties and in the best of their branches. He has chosen the tribes and put me in the best of their houses, so that I am the best of them in spirit and the best of them in personality, and the best in lineage. ^^Ibn Omar, may Allah be pleased with him, said the Messenger said, Allah has chosen His creation and He has chosen the children of Adam and from the children of Adam He chose the Arabs and from the Arabs He chose me. So I am the choicest of the choice. Whosoever loves the good Arabs, they love them because of me and whosoever hates the Arabs, they hate them because they hate me. So now it is known that the Prophet was not shared by having a brother or sister so that his purity is concentrated. Allah has exclusively made him the aim of prophethood and made him the utmost rank in honor, so if you examine his lineage you will realize the purity of his birth and will realize that he is the offspring of honorable parents and he is the Arabic Prophet, of the holy mosque the best selection of Hashim, of Koraysh, of the Arab branches, of the most elite of it. The most in honor, lineage, and rank and the best eloquence of the tongue, the clearest of logic, the best of performance, the most sound in faith, the most honored individual, and the most honored in lifestyle, from both his fathers side and his mothers side. In addition he is from the most beloved holy land of Allah. So he is our master, our guide Muhammad, son of Abdullah - who was ransomed from being a sacrifice, grandson of Abd Al Mutallib. Transation table for those who have Kellers Book Mosque (Number) Killer (Letter) Book 1 (A) Sacred Knowledge Book 2 (T)Pure Heart Book 3-2(S) Delusions Book 3-1 Deception by Ghazali Book 4 (R)Holding ones Tongue Book 5 (U)What is Ihsan Book 6 Prophetic Picture [Description of Prophet by Imam Tirmithi] Book 7 (B)Follow one of the 4 Schools Book 8 (C)Legal Rulling Book 9 (O)Justice Book 10 (P)Major Sins Book 11 (Q)Good and Evil Book 12 (D)Travellers Goverenace Book 13 (H)Obligatory Charity Book 14 (F)Prayer Book 15 (I)Fasting Book 16 (K)Trade Book 17 (M)Marriage Book 18 Sexual Practices Book 19 (N)Divorce Book 20 (E)Purification and Wild Life Book 21 (J)Pilgrimage Book 22 (G)Funeral Book 23 (L)Inheritance Book 24 (V)Basic Belief Book 25 What Is Hadith for Young Muhaddith Book 26 Spiritual Roadmap by Ghazali 450 505 Book 27 My Path of Prophet Muhammad Book 28 Their Path of Wahabi(there is a section by Keller) *BOOK 1: ISLAMIC SACRED KNOWLEDGE BOOK 1 ISLAMIC SACRED KNOWLEDGE ISLAMIC SACRED KNOWLEDGE TABLE OF CONTENTS Book, Chapter, Section [1.1.1] 1.1. The Knowledge of Good and bad 1.1.1. Allah, the Most Glorious is the source of legal rulings 1.1.2. Unguided intellect cannot know the rules of Allah 1.1.3. Mind is incapable of knowing the rule of Allah without guidance 1.1.4. Meaning of good and bad 1.1.5. Those un-reached by prophets are not held responsible 1.2. The superiority of Islamic Sacred Knowledge over worship 1.2.1. Koranic evidence 1.2.2. Evidence of prophetic quotations (Prophetic quotations (Ahadith)) 1.2.3. Prophet's companions - Imam Ali's opinion 1.2.4. Prophet's companions - Imam Abu Darda' opinion 1.2.5. Opinion of Imam Yahya ibn Abi Kathir 1.2.6. Opinions of Imams Sufyan al-Thawri and Shafi'i 1.2.7. Other Reasoning 1.3. Blame-worthiness of seeking sacred knowledge for other than Allah 1.3.1. Meaning of for other than Allah 1.3.2. Koranic evidence 1.3.3. Evidence of prophetic quotations (Prophetic quotations (Ahadith)) 1.4. Personal obligatory knowledge 1.4.1. Faith 1.4.2. Muslim's responsibility in tenets of faith 1.4.3. Belief with and without figurative interpretation 1.4.4. Deeds 1.4.5. When one must learn rites and duties 1.4.6. How much one must teach one's children 1.4.7. Knowledge of the heart 1.5. Communal obligatory knowledge 1.5.1. Religious sciences 1.5.2. Worldly knowledge 1.6. Recommended knowledge 1.7. Subjects other than sacred knowledge 1.7.1. Unlawful knowledge 1.7.2. Offensive knowledge 1.7.3. Permissible knowledge BOOK 1. ISLAMIC SACRED KNOWLEDGE 1.1. The knowledge of good and evil 1.1.1. Allah, the Most Glorious is the source of legal rulings The author of this book, Shaykh Imam Ahmad Ibn Naqib of Egypt (Al-Misri Died 769/1368 ) said: Shaykh Abdel-Wahhab Khallaf said, There is no disagreement among Islamic scholars that Allah, the Most Glorious is the source of legal rulings for each deed of mature and competent individuals. 1.1.2. Intellect, or mind that is not guided by Revelation cannot assume knowledge of the rules of Allah by itself. The question arises, is it possible for the mind alone, unguided by the messengers and revealed Holy Books of Allah, to know and arrive at by itself, the rulings of Allah? In other words, can someone who is neither guided nor heard the teachings of a prophet capable, through his/her own powers of reason, to know the ruling of Allah in any action is it possible or impossible? 1.1.3. Without the guidance of Allah the mind is unable to know His rules. The followers of the prophetic footsteps (sunni) and main stream gathering (jamaah) of Islamic scholars of the Prophetic practice (Ahle Sunna Wa Aljamaah) also known as Asharia in faith, in conjunction with the four schools of Jurisprudence, Malik, Shafi, Hanafi and Hambali led by Abul Hasan Ash`ari, collectively hold the opinion that: The mind is incapable of knowing the rules of Allah that relate to mature and competent individuals except through knowledge gained through the teachings of His prophets and His revealed Holy Books. Minds frequently disagree about acts. Some minds find certain acts good whereas other minds see them as opposite. Moreover, one person can be of two minds about one and the same action. Caprice often prevails over the intellect, whereupon considering something as being good or bad becomes based on a whim. Therefore, it cannot be said that an act which the mind presumes to be good is consequently good with Allah, and therefore its performance called for, and its doer rewarded by Allah; or that whatever the mind perceives to be bad is bad with Allah, and its non-performance called for and its doer punished by Allah. 1.1.4. Meaning of good and bad The basic premises of faith professed by the followers of prophetic footsteps in the Islamic Faith (Asharia) is that the good acts of mature and competent people are those the Lawgiver (Allah and His Messenger) indicated to be good either by permitting or instructing them to be done. Whereas the bad act is that which the Lawgiver indicated as being bad by ordering it not to be done. Good is not what reason considers good, nor the bad what reason considers bad. The measure of good and bad, according to the followers of the prophetic footsteps school of thought on Islamic faith (Asharia), is the sacred Law and not one's reason. 1.1.5. Those unreached by prophets or their followers are not religiously responsible nor will they be taken to task. According to the prophetic footsteps school of thought on Islamic faith (Asharia), an individual is not obligated by Allah to do or refrain from anything unless he was reached (preached) by a prophet with what Allah has legislated (This will also be discussed in the chapters that relate to Islams relationship to the laws of previous prophets.) No one is rewarded for doing something or punished from refraining from or doing something until he knows, through the teachings of the Messengers of Allah, what he is obligated to do or obligated to refrain from. Therefore, whosoever lives in such complete isolation whereby the summons of a prophet and the Sacred Law of Allah could not reach him, is not obligated to Allah for anything and deserves neither reward nor punishment. Those who lived in one of the intervals after the death of a prophet and before the sending of a new prophet were not responsible for anything and deserved neither reward nor punishment. This is not the case after the sealed of all Prophets, the Prophet Muhammad sent to all humanity. This view is confirmed by the Word of Allah, the Most High: Whosoever is guided is only guided for his own self, and whosoever goes astray it is only against it. No soul shall bear anothers burden. Nor do We punish until we have sent a Messenger. Koran 17.15 Remember "punish" means punishing sinners. (Ilm usul al-fiqh (y-71) 96-98) 1.2. The Superiority of the rank of Islamic Sacred Knowledge over ones rank of worship. 1.2.1. Koranic Evidence Grand Shaykh Imam Nawawi said: Allah, the Most High says: Say, Are they equal, those who know and those who do not know? (Koran 39.9). ".. But it is only those amongst His worshippers that fear Allah who have knowledge. Indeed, Allah is the Almighty and the Forgiving." (Koran 35.28). 3. " and Allah will raise up in ranks those who believed among you and those who have been given knowledge. Allah is Aware of what you do." (Koran 58.11). 1.2.2. Evidence of prophetic quotations (Prophetic quotations (Ahadith)) The Prophet, may Allah venerate him and give him peace said: 1. "For whosoever Allah wishes well, He gives knowledge of religion." 2. "The superiority of the learned Muslim over the worshipper is as my superiority over the least of you." Then the Prophet, may Allah venerate him and give him peace said, "Allah and His angels, the inhabitants of the heavens and the earth, even the ant in its anthill and the fish, supplicate for those who teach people that which is good." 3. "When a human-being dies, all his work, except for three things comes to an end; ongoing charity, knowledge benefited from, or a pious son who prays for him." 4. "One learned Muslim is harder on the devil than a thousand worshippers." 5. "Allah makes the path to paradise easy for whosoever travels on a path seeking knowledge. The angels lower their wings for the seeker of knowledge out of pleasure in that which he seeks." 6. "Those in the heavens and the earth, and the fish in the water ask Allah to forgive the person endowed with Sacred knowledge. 7. "The superiority of a learned Muslim over a worshipper is like the superiority of the moon over all the stars. 8. "The learned are the heirs of the prophets. The prophets neither bequeathed a dinar nor dirham, but only left Sacred knowledge, and whosoever takes it has taken an enormous share." 9. Whosoever calls others to guidance receives the same reward as those who follow him without their own reward being diminished in the slightest. Whereas whosoever calls others to misguidance shall bear the like of the sins of those who follow him without their own sins being diminished. 10. "He who goes forth to seek Sacred knowledge is upon the way of Allah [syn jihad def:09] until he returns." 11. "This world and whatsoever is in it are accursed [dis: w-5] except for the remembrance of Allah, that which Allah loves, someone with Sacred knowledge or someone learning it." 1.2.3. Prophet's companions - Imam Ali's opinion Ali ibn Abi Talib (may Allah be pleased with him) said, "The religious scholar is greater in reward than the fighter in the way of Allah who fasts the day and prays the night." 1.2.4. Prophet's companion - Imam Abu Darda' opinion Abu Darda' (may Allah be pleased with him) said, "Teaching Sacred knowledge, for even for just a brief period of time, is better than spending a night in prayer." 1.2.5. Opinion of Imam Yahya ibn Abi Kathir Yahya ibn Abi Kathir said, "The study of Islamic Knowledge is similar in rank to prayer." 1.2.6. The opinions of Imams Sufyan al-Thawri and Shafi'i Sufyan al-Thawri and Shafi'i said, "After that which is obligatory, there is nothing superior than seeking Sacred knowledge. 1.2.7. Other Reasoning Grand Shaykh Imam Nawawi said, I have not quoted all the statements of early Muslims however, all are in complete agreement that devoting ones time to sacred knowledge is better than devoting ones time to voluntary fasting or prayer, and is even better than saying Subhan Allah (Exalted is Allah), or other voluntary acts of devotion. Among the proofs for this, besides the foregoing, is that: 1. The benefit of sacred knowledge affects both its possessor and Muslims, whereas the previously mentioned voluntary acts are restricted to oneself. 2. Sacred knowledge validates, so other acts of worship require it, though not vice versa. 3. Scholars are the heirs of the prophets, whereas worshippers are not characterized as such. 4. The worshipper follows the scholar, being led by and imitating him in worship and other acts, obeying him being obligatory and not the reverse. 5. The benefit and effect of sacred knowledge remain after its possessor departs this life, whereas voluntary works cease upon the death of their doer. 6. Knowledgeable is an attribute of Allah, the Most High. 7. Sacred knowledge, meaning the knowledge we are discussing, is a Communal obligation (8.3.2), and therefore it is better than that which is Voluntary. A. Juwayni, (Ghazalis teacher) the imam of the Two Sanctuaries said in his book Al Ghiyathi, The Communal obligation is superior to that of the personal obligation. This is because the person performing it fulfills the need of the Islamic Nation (Umma) and lifts its non-compliance due to the obligation from the Islamic nation, whereas the obligation of the individual is restricted to himself." Indeed, success comes from Allah (alMajmu' (y-108), 1.18-22). *Chapter 1.3 Blameworthiness of seeking Sacred knowledge for other than the sake of Allah 1.3.1 Meaning of for other than Allah Grand Shaykh Imam Nawawi said, Concerning the merit of seeking sacred knowledge one should know that the merit only applies to the seeker who intends to use its knowledge for the sake of Allah and not for wordly gain. Whosoever seeks it for worldly gain, such as that of money, leadership, rank, prestige, fame, attracting people to oneself, defeating the opposition in a debate, or similar motives is blameworthy. On the other hand, when the basic reason is for Allah but other motives intervene after, not before establishing the initial intention purely for Allah -, the motives diminish the merit in the same proportion in which they enter into it. 1.3.2 Koranic Evidence Allah, the Most High says: 1. " Whosoever hopes for the tillage of the Everlasting Life, We will increase his tillage; and whosoever hopes for the tillage of this world, We give him some of it, but in the Everlasting Life he shall have no share." (Koran 42.20). 2. "For whosoever desires this fleeting life We hasten for him whatever We will and to whom We want. Then, We have prepared Gehenna for him where he will be roasted, condemned and rejected. (Koran 17.18). 3. "indeed, your Lord is ever watchful." (Koran 89.14). 4. "Yet they were ordered to worship Allah alone, making the Religion His sincerely, upright, and to establish their prayers and to pay the obligatory charity. That is indeed the Religion of Straightness." (Koran 98.5). 1.3.3 Prophetic Quote Evidence (Prophetic Quotations (Ahadith)) The Prophet - may Allah venerate him and give him peace - said: 1. "The first person judged on Resurrection Day will be a man martyred in battle. "He will be brought forth and Allah will reacquaint him with His blessings upon him and the man will acknowledge them, whereupon Allah will say, 'What did you do with them?' to which the man will respond, 'I fought to the death for You.' "Allah will reply, You lie. You fought in order to be called a hero, and it has already been said.' Then he will be sentenced and dragged away on his face to be flung into the fire. "Then a man will be brought forward who learned Sacred knowledge, taught it to others, and who recited the Koran. Allah will remind him of His gifts to him and the man will acknowledge them, and then Allah will say, What did you do with them?' The man will answer, I acquired Sacred knowledge, taught it, and recited the Koran, for Your sake.' "Allah will say, You lie. You learned so as to be called a scholar, and read the Koran so as to be called a reciter, and this has already been said. Then he will be sentenced and dragged away on his face to be flung into the fire." 2. "Anyone who seeks Sacred knowledge to argue with fools, vie with scholars, or draw people's attention to himself, will have a place in Hell." 3. "The most severely punished on Resurrection Day will be the scholar who did not benefit from his knowledge." 1.3.4 Sufyan al-Thawri said: "There is no worshipper who increased himself in knowledge and then desired the things of this world except whose distance from Allah was increased. (Ibid.,1.23-24) *Chapter: 1.4.0: Personal Obligatory Knowledge 1.4. Personal Obligatory Knowledge 1.4.1 Faith - Grand Shaykh Imam Nawawi said, There are three categories of Sacred knowledge and the first of them (see 1.5. for second category) is the personal obligation (fard al-`ayn). This is an obligation upon all mature and competent individuals and it is learning the knowledge through which the obligatory acts cannot be accomplished without a prerequisite such as how to make ablution before the obligatory prayer etc. Its obligatory character is how scholars interpreted the prophetic quotation (hadith)) in the reference of Musnad of Abu Ya'la al-Mawsuli. The hadith is reported via Anas, who relates that the Prophet - may Allah venerate him and give him peace - said, "Seeking knowledge is an obligation upon every Muslim." The meaning of this Prophetic quotation (Hadith) is not ranked with top authentication, however it is not false (being weak), and it is true. 1.4.2 A Muslim's Responsibility in Tenets of Faith As for the basic obligation of Islam in relationship to the tenets of faith, it is adequate for one to believe in everything brought by the Messenger of Allah - may Allah venerate him and give him peace - and to credit it, with absolute conviction, free of any doubt. Whosoever does this, is not obligated to learn the detailed evidences of the scholars. The Prophet - may Allah venerate him and give him peace - did not require of anyone further detailed evidences other than that which has just been mentioned, neither did the first four caliphs, the companions of the Prophet, nor yet the community of the early Muslims who came after them. Rather, what befits the common people and vast majority of those who are learning or possessing Sacred knowledge is to refrain from discussing the subtleties of scholastic theology, lest corruption, which is difficult to eliminate, should find its way into their basic religious convictions. It is more befitting for them to confine themselves to being content with the above-mentioned absolute certainty. Imam Shafi'i (may Allah, the Most High have mercy on him) went to the greatest possible lengths in asserting that engaging in scholastic theology is forbidden. (This statement was issued to address the heretical scholastic theology that was proliferating during his time in which rationalistic theories were sought and placed above the Koran and Prophetic practice, not the science of theology (ilm al-tawhid) by which Ashari and Maturidi scholars have clarified and detailed the tents of the faith of Prophetic ways (Sunni) Islam, which is an important part of Islamic sciences.) Imam Shafi'i insistently emphasized scholastic theology's unlawfulness. The severity of the punishment awaiting those who engage in it, the disgrace of doing it, and the enormous sin of the sin therein by saying, It is better for a worshipper of Allah to meet Him with the sin of idolatry rather than being guilty of the sin of scholastic theology (which is not based on the Revelation). Imam Shafii made many similar, well known statements. However, if anyone has doubts (may Allah be our refuge) about any of the tenets of faith in which belief is obligatory, and his doubt cannot be eliminated except through learning one of the theologians proofs, then it is obligatory for him to learn from it that which removes the doubt and thereby acquire the belief in the questioned pillars of faith. 1.4.3 Belief in Obscure Scriptural Expressions Scholars disagree about the Koranic verses and Prophetic quotations (Ahadith) that deal with the attributes of Allah (Koran 52.48) or (Koran 50.16) ) as to whether they should be discussed in terms of a particular figurative interpretation (ta'wil) or not. Some say that they should be figuratively interpreted as befits them. This is the more well known of the two positions of the scholastic theologians. Others are of the opinion that such verses should not be given a definitive interpretation, but rather their meaning should not be discussed, and the knowledge of them should be consigned to Allah, the Most High, while at the same time believing in the transcendence of Allah, the Most High beyond His creation, and that the characteristics of created things do not apply to Him. For example, it should be said we believe that "the Merciful willed [istawa] to the Throne." (Koran 20.5), but we do not know the reality of the meaning of that, nor what is intended thereby, though we believe of Allah, the Most High that, "The Originator of the heavens and the earth, He has given you from yourselves, pairs, and also pairs of cattle, thereby multiplying you. There is nothing like Him. He is the Hearer, the Seer." (Koran 42.11), and that He is above indwelling in created things (hulul) or having the characteristics of temporal, contingent existence (huduth). And this is the path of the early Muslims, or the vast majority of them, and is the safest, for a person is not required to enter into discussions about this. When one believes in the transcendence of Allah above created things, there is no need for debating, or for taking risks over what there is neither a pressing necessity nor even any real call for. In the event that a need arises for definitive interpretations to refute someone making unlawful innovations and the like, then the learned traditional scholars may supply them, and this is how we should understand what has come down and transmitted to us from scholars in this field. And Allah knows best. 1.4.4 Works - A person is not obliged to learn how to perform ablution, the prayer, and so forth, until the act itself becomes obligatory upon him. As for trade, marriage, and so forth, and things not in themselves obligatory, the Imam of the Two Sanctuaries (Juwayni), Ghazali, and others say that learning their means and conditions is personally or individually obligatory upon those about to undertake them. It has also been said that one should not call this knowledge "personally obligatory," but rather, "It is unlawful to undertake them until one knows the conditions for their legal validity." This expression is more accurate. 1.4.5 When one must learn rites and duties It is obligatory for everyone to know what is permissible and what is unlawful pertaining to food, drink, clothing etc., and of such things one is unable to do without. Similarly, for the rulings of the kind treatment of women, when one has a wife. 1.4.6 How much one must teach one's children Shafi'i and his colleagues (may Allah have mercy upon them) say that both fathers and mothers must teach their children before they reach puberty that there are certain obligations they must fulfill once they attain the age of puberty. The guardian must teach the child how to purify himself, pray, fast and so forth; and that fornication, sodomy, theft, drinking, lying, slander, and the like are unlawful. The child must also be taught; and that upon reaching the age of puberty he acquires moral responsibility and be told what this entails. It has been said that this education is merely recommended, but in fact it is obligatory, as the plain content of its scriptural basis (mentioned below) demonstrates. Furthermore, it is obligatory for a guardian to wisely manage any property in his charge, teaching the child is even more important. The opinion of merely recommended is that which exceeds what is in focus, such as teaching the child the Koran, Sacred Law, etiquette, and teaching the child the necessities to earn a living when he is of age. The evidence for the obligation of teaching a young child is the Word of Allah, the Mighty and Glorified, "Believers, guard yourselves and your families against the Fire the fuel of which is people and stones, over which there are harsh, and stern angels who never disobey Allah in that which He orders and do what they are ordered. (Koran 66.6) 'Ali ibn Abi Talib (may Allah be pleased with him), Mujahid, and Qatada say this verse means, teach them that with which they can save themselves from Hell. 1.4.7 Knowledge of the heart. As for the knowledge of the heart, which means familiarity with the illnesses of the heart such as envy, pride, and the like (dis:book p.r. and s). Ghazali said that knowledge of their definitions, causes, remedy, and treatment is personally obligatory. (A: And this is what Ghazali meant when he said that spirituality of Ihsan (Sufism Tasawwuf, dis:w-9) is personally obligatory for every Muslim. He did not mean that taking a way (tariqa) and shaykh are obligatory, but rather highly recommended because the elimination of unlawful inner traits, which one could conceivably accomplish through the companionship of a single sincere coaching brother/sister.) Others hold that if the matured and competent individual is endowed with a heart which is free of all these unlawful diseases, it suffices him, and one is not obligated to learn their cure. However, if one is not safe from these, then one must reflect. If one can purify his/her heart from them without instruction then one must purify it, just as one must shun fornication and the like without learning the evidence proving he/she must. However, if one cannot rid oneself of these unlawful traits except through learning the above mentioned knowledge, then one is personally obligated to do so. And Allah knows best (al-Majmu' (y 108), 1.24-26). *Chapter 1.5.0: Communal obligatory knowledge 1.5. Communal obligatory knowledge 1.5.1 Religious sciences. Grand Shaykh Imam Nawawi said, The second category of Sacred knowledge is that which is obligatory over the whole community (fard al-kifaya, def:8.3.2). Namely the attainment of those Sacred sciences which people cannot do without in practicing their religion, such as memorizing the Koran and Prophetic quotations (Ahadith), their ancillary disciplines, methodological principles, Sacred law, grammar, lexicon, declension, knowledge of Prophetic quotations transmitters (Ahadith), and the scholarly consensus and nonconsensus. (ijma'. def:7.7) 1.5.2 Worldly knowledge (This is what most if not all Muslims students at colleges have mistaken for Islamic knowledge) As for learning which is not classified as Sacred knowledge but is required to sustain worldly existence, such as that of medicine and mathematics, it is also considered a Communal obligation (ibid.,1.26). Which once it is satisfied it is no longer Communal obligation. Not to mention those who betray their Islamic societies that send them and pay for them to study in the west and they never return nor care. *Chapter 1.6.0: Recommended knowledge 1.6.1 Elaboration beyond the amount required by the Communal obligation Grand Shaykh Imam Nawawi said, The third category is that of the Voluntary (8.4.2), such as in-depth research into the bases of evidences, and elaboration beyond the amount required by the Communal obligation. Or, such as an ordinary Muslim learning the details of nonobligatory acts of worship for the purpose of performing them; though not the work of scholars in distinguishing the obligatory from the nonobligatory, which is a Communal obligation in respect to them. And Allah knows best. (ibid, 1.27). *Chapter 1.7.0: Subjects that are not Sacred knowledge 1.7.1 Grand Shaykh Imam Nawawi said, Having mentioned the categories of Sacred knowledge the subjects it excludes are those that are unlawful, offensive, or permissible. 1.7.2 Unlawful knowledge Unlawful knowledge includes: 1. learning sorcery (dis: 10.3). According to the most reliable sources and the concensus of the vast majority of scholars, sorcery is unlawful. 2. philosophy (dis:w-10); 3. Psychology 4. Magic (Sha`baTha, meaning sleight of hand, etc.); 5. Astrology and fortune telling (dis:10.41); 6. The sciences of the materialists (who believe in nature) (dis:w-11). 7. Anything that is a means to create doubts. Such things vary in their degree of unlawfulness. 1.7.3 Offensive knowledge Offensive knowledge includes such things as post-classical poetry which contains un-honorable romance, day show, and reality shows (and in our time this covers the Internet sex chatting, posting and browsing the nudity pages and video cams) and other uselessness. 1.7.4 Permissible Knowledge Permissible knowledge includes post-classical poetry devoid of stupidity or anything that is offensive, that does not incite evil, that does not hinder good; or yet that which urges one to do good or helps one to do it. *BOOK 2: A PURE HEART CONTENTS 2.1.0 Intention, sincerity, and being true 2.1.1 Intention 2.1.2 Sincerity (Ikhlas) 2.1.6 Being true (Sidq) 2.1.7Compromising principles 2.1.8 2.2.0 Letter to one of the brethren 2.2.2 Surrender to Allah 2.2.3 Earnestly entreating Allah 2.2.4 Thinking the best of Allah 2.2.5 Continually renewed repentance 2.2.6 Conclusion 2.3.0 Counsels and maxims *Chapter 2.1.0: INTENTION, SINCERITY, AND BEING TRUE 2.1.1 Grand Shaykh Imam Nawawi said: Allah, the Most High says, ``Whosoever leaves his house an immigrant to Allah and His Messenger and then death overtakes him, his wage shall have fallen upon Allah.'' (Koran 4.100). The Prophet - may Allah venerate him and give him peace - said: Indeed, deeds are (judged) only by the intention, and there is for everyone that which he intended. If one's migration is to Allah and His Messenger, then one's migration is to Allah and His Messenger. If one's migration is to seek the world, (i.e. land of opportunity) then one's migration is for that. If a man migrates for the sake of a woman and marries her, then his migration is for that which he migrated. This above is an authentic prophetic quotation (Ahadith), and there is complete scholarly consensus on the greatness of its rank and majesty. It is one of the cornerstones, fundamental supports, and the most important integrals of faith. Imam Shafi`i (may Allah have mercy on him) said that it enters into seventy chapters of jurisprudence. He also said it constitutes one-third of Sacred Knowledge. 2.1.2 Sincerity (Ikhlas) Allah, the Most High says: Yet they were ordered to worship Allah alone, making the Religion His sincerely, upright, and to establish their prayers and to pay the obligatory charity. That is indeed the Religion of Straightness. (Koran 98.5) He, the Almighty, the Gloried also said: We have sent down the Book with the truth to you (Prophet Muhammad), therefore worship Allah, and make your religion sincerely His. (Koran 39.2). 2.1.3 Sincerity is to make Allah one's sole aim throughout The Master Abul Qasim Qushayri (may Allah have mercy on him) said, Sincerity is to make Allah one's sole aim through ones obedience to Him. Sincerity is not attained through hypocrisy, acquiring esteem of self nor love of the praise of others but it is the drawing nearer to Allah. It could be said that sincerity is purifying the mind from paying attention to ones fellow men. 2.1.4 Sincerity is not to seek the regard of ones fellow men but to continuously seek the regard of their Creator Abu `Uthman (may Allah have mercy on him) said, Sincerity is not to seek the regard of ones fellow men but to continuously seek the regard of their Creator. He also said, The sincerity of ordinary people is that which is free of self-interest, while the sincerity of the elect is that which comes over them, not from them, for acts of worship appear in them from which they are at a remove, and neither observe nor consider'' (al-Majmu' (y-108), 1.16-17). 2.1.5 looking at mankind, I saw them as dead Grand Shaykh Imam Nawawi said, Abu Yazid (may Allah, the Most High be well pleased with him) said, For twelve years I was the blacksmith of my soul; for five, the mirror of my heart; for one year I observed what was between them, and lo, around my waist I found the girdle of unbelief (zunnar) in plain view. So I worked for five years at cutting it, seeking a way to sever it, until at length this was revealed to me and looking at mankind, I saw them as dead and prayed (the funeral prayer of) a fourfold Allahu Akbar over them.'' There are very few equal to Abu Yazid in his path to Allah. It is difficult to recognize the subtlety of the hiddeness of ostentation which was recognized by this spiritual master of Ihsan. As for his remark I saw them as dead,'' it is of the greatest worth and excellence, words that express this meaning being seldom met with outside those of the Prophet - may Allah venerate him and give him peace. The phrase signifies that he underwent the spiritual struggle and his lower self, then became trained and with it his heart became enlightened. When he reached the stage of mastering the self, he subdued it and too full possession of it, making it to submit in everything. Then he look at all creatures and found them to be as if dead; without discoverable trait. They could neither harm nor benefit, outstretch or withhold, give life or death, join or separate, bring close or make far, save or damn, give sustenance or withhold it. They neither possessed benefit nor harm to themselves, neither life nor death nor yet control resurrection. Now, the dead are perceived regarding these things as being deceased. They are not feared, nor yet are hopes placed in them nor does a desire arise for anything they have. We neither do anything for their sake, refrain from anything for their sake, nor forgo any act of obedience to Allah for their sake any more in order that we would win the praise of the dead. They are neither shown-off in front of, their favor is not sought through flattery or compromise of principles, nor do they occupy ones attention. They are neither held in contempt nor disparaged; their defects are unmentioned, the shameful characteristics not sought out, their mistakes uncriticized, although if penalties prescribed by the Sacred Law are incurred, we enforce them. In short, they are as though nonexistent in everything we have mentioned, with the decisions of Allah, the Most High holding sway over them. Whosoever deals with them accordingly has attained to the good of this world and the next. May Allah, the Most Generous give us success in realizing it (Bustan al-`afrifin (y-104), 131-34). 2.1.6 Being true (Sidq) Grand Shaykh Imam Nawawi said, As for being true, Allah, the Most High says, Believers, fear Allah and stand with the truthful. (Koran 9.119) 2.1.7 Compromising principles Sahl ibn `Abdullah Tustari said, `The worshipper who compromises his principles either for himself or for another, will never catch even a scent of being true.'' 2.1.8 a person who is true would not care if his entire value were to vanish from the hearts of men. It is related that Harith al-Muhasibi (may Allah have mercy on him) said, For the sake of the betterment of ones heart, a person who is true would not care if his entire value were to vanish from the hearts of men. He dislikes that people should see even the slightest of his good deeds, and does not mind if they notice the worst of them, for if it were otherwise then it would mean that he wants to be more in their eyes, and this is out of character to those of great faith (siddiqin).'' 2.1.9 Truth is the sword of Allah. Whatever it is put to, it cuts Thul Nun al-Misri (may Allah have mercy on him) said, Truth is the sword of Allah. Whatever it is put to, it cuts'' (al-Majmu` (y-108), 1.17). *Chapter 2.2.0: A LETTER TO ONE OF THE BRETHREN 2.2.1 nothing more useful to your heart than four matters (Ibn `Ata' Illah said,) I know of nothing more useful to you than four matters: surrender to Allah, to humbly entreat Him, to think the best of Him, and to perpetually renew your repentance to Him, even if you should repeat a sin seventy times in a day. 2.2.2 Surrender to Allah Surrendering oneself to Him who gives a worshipper a relief in this present life from having to plan, as it is He who is the Planner. How can one strive in opposition to Him in something that you do not own with Him? Triumph in the Everlasting Life is through Supreme Favor, and safety from the idolatry of striving in contention. Cast yourself among His kingdom, being meager in its plenitude and insignificant in its vastness and know that He plans for you as He does for it. Do not leave the bondage that is yours for claims to a lordship for which you have no claim. To plan and choose for oneself are major sins that affect the heart and the innermost soul, and you find this written in the Book of Allah, the Most High where He says: Your Lord creates whosoever He will and He chooses the choice was not theirs (the unbelievers). Exalted is Allah, above that they associate! (Koran 28.68). 2.2.3 Earnestly, humbly supplicating to Allah Earnestly, humbly supplicating to Allah contains the severing of superfluous extras and hardships, while snuggling under the want of Divine favors and safety. Its recompense is that your Lord will suffice you in terms of pushing harm away from you and bringing pleasure to you. For He is your Door on the path, the greatest door, and the most straightest way which has impact with unbelief so how is its impact with belief? Have you not heard the words of Allah, the Most High: When misfortune befalls you at sea, all except He of those to whom you supplicate forsake you; yet when He delivers you safely to the land, you turn away. The human is unthankful. (Koran 17.67) meaning that He answers you. Earnest entreaty is the door which Allah, the Most High, has placed between Himself and His worshippers. Gifts come to whosoever takes himself to it, and unceasing spiritual favors reach whosoever stands before it. Whosoever enters unto Him by it attains to the reality of Divine assistance. And whenever He releases to you through it, He bestows of every good thing in the most lavish gift giving, as is found in the Book of Allah, the Most High where Allah says: If only they humbled themselves when Our scourge overtook them! But their hearts were hardened, And satan decorated to them what they were doing. (Koran 6.43) 2.2.4 Thinking the Best of Allah As for thinking the best of Allah, such thoughts are a tremendous blessing from Allah. Whosoever has such blessed thoughts does not lack the slightest bit of good, whereas those who do not have such, will never find any good. You will never have a better excuse before Allah than it, nor one more profitable. Nor yet is there anything better that leads you to Allah or more guidance giving. It informs one what Allah will make of one, and gives good tidings, the like of whose words no eye has ever read nor tongue has given utterance. This is found in the Prophetic practice of the Prophet - may Allah venerate him and give him peace - where he says, quoting Allah, I am as My worshipper expects of Me. 2.2.5 Continuous renewal of repentance As for continually renewing one's repentance to Allah, it is the wellspring of every spiritual rank and station from the first to last, inwardly and outwardly. There is no excellence in one who lacks it, and nothing lacking in one who has it. It is the key to every good, outwardly and inwardly, the very soul of stations of wisdom, and the reason men are made friends of Allah (awliya). If the repentance of the Axis of the World in Ihsan (Qutb) were like that of the ordinary righteous person because of equality in station, the higher of them would not surpass the other for his exaltedness of rank and tremendousness of spiritual certainty. Allah, the Most Glorious and Exalted has not made any rank below it except that of harmdoing, as Allah, the Most High says, Those who do not repent are the harmdoers (Koran 49.11), because of it being required from every messenger and prophet, every one of great faith (siddiq) and friend of Allah (wali), every pious person who fears Allah, the misguided profligates, and every doomed unbeliever. And this is found in the Book of Allah, the Most High where Allah, the Glorious and Exalted says, O people, fear your Lord'' (Koran 4;1). Fearing Allah is through repentance to Him and regret before Him. The repentance of those who do evil lies in abandoning evil, while the repentance of those who do good lies in continuous, unhalting doing of good deeds, whether it consists of spiritual effort or its rewards. The repentance of both is the same never stop working on it. your religion, being the Creed of Abraham your father. He has named you Muslims '' (Koran 22.78). It was of Ibrahim's faith not to halt with what passes away, or fix his regard on existent dimensional things. In quoting him to us, Allah, the Most High says, ``I do not like the setting ones'' (Koran 6.76). 2.2.6 someone who cannot benefit from a little, will not benefit from a lot In general, someone who cannot benefit from a little, will not benefit from a lot, since a lot of work does not avail without sincerity, and someone who cannot profit from a hint will not profit from a plain remark. When Allah gives you understanding, your hearing will not cease nor will your benefiting be restricted to a certain time. May Allah give us and you to understand Him, give us and you to hear Him, sever us from everything besides Him, sever us from everything besides Him, enter us into His shade and protection, and make us of those to whom He has given spiritual insight and guidance, and a yearning for His nearness. May He not scatter the intention of our hearts but rather center our purpose on Him, and remove our cares by bringing us to our destination. Ameen. May there be safety for the whole group, and blessing and peace upon the best of Messengers (al-Hikam al-Ata'iyya wa al-munajat al-ilahiyya (y-56), 103-9). *Chapter 2.3.0: ADVICE AND CHARGES 2.3.1 Do not pay attention only to deep words and profound spiritual allusions Muhammad Sa`id Burhani said, Do not pay attention only to deep words and profound spiritual allusions, but make provision for the Everlasting life before death comes, when fine words will be lost and the units of prayers you prayed by night or day will remain. 2.3.2 Give as much voluntary charity as possible, for you owe more than the zakat obligatory. Make provision for the Everlasting life by giving while you have health and want to cling to your money out of fear of poverty, seeing life before you. Allah, the Most High says, Whosoever is saved from the greed of his own soul, those are the ones who win. (Koran 59.9), meaning they shall be saved. 2.3.3 Never obey anyone of the worshippers of Allah, not even your father or mother, in an act of disobedience to Allah, for there is no obedience to a creature in disobedience to the Creator. 2.3.4 Do not wrong another person, for wrongs done to others are clouds of darkness on the Day of Judgement. Wronging others includes not doing the obligations Allah has commanded you to do for them. 2.3.5 Beware of enmity against anyone, in particular the righteous, who have said, La ilaha ill Allah (there is no god except Allah), because Allah has honored them with faith, for Allah, the Most High says in a rigorously authenticated (sahih) Prophetic quotation (Ahadith), I delcare ware against whosoever makes an enemy of a friend of Mine. 2.3.6 Tell the truth when you speak. It is one of the worst betrayals to tell your brother something he thinks you are being honest about when the matter is otherwise. 2.3.7 Be honest in your clothes and dress. It is an outrage against Allah to appear to His worshippers in the guise of the righteous while secretly contradicting it with the works of the wicked. 2.3.8 Recite the Koran and contemplate its meanings. Reflect while reading it on the qualities Allah has praised, with which He describes the people He loves. Acquire these qualities yourself and shun those Allah has condemned. Do your utmost of memorize the Holy Koran by deeds as you do by words. 2.3.9 Never explain a verse of Holy Koran by your own opinion. Check as to how it has been understood by the scholars of Sacred Law and men of wisdom who came before you. If you comprehend something else by it and what you have understood contradicts the Sacred Law, forsake your wretched opinion and fling it against the wall. 2.3.10 Beware lest you ever say anything that does not conform to the Sacred Law. Know that the highest stage of the perfected ones (rijal) is the Sacred Law of Prophet Muhammad - may Allah venerate him and give him peace. And know that the exoteric that contravenes the exoteric is a fraud. 2.3.11 Take care to eat lawful food bought with a lawful income, for the entire body of someone who eats what is lawful, his hearing, eyesight, hands, and feet, are disposed to obey Allah whether he wishes to or not; while the whole body of someone who eats the unlawful is disposed to do wrong whether he wants to or not. 2.3.12 Keep the thought of Allah, the Mighty and Majestic before you at all times with respect to what He takes from you and what He gives. He takes away nothing except that you may show patience and win His love, for He loves the patient, and when He loves you, He will treat you as a lover does his beloved. And so too, when He gives to you, He bestows blessings upon you that you may give thanks, for He loves the thankful. 2.3.13 Do not walk a step, take a bite, or make a move without intending thereby to draw nearer to Allah. 2.3.14 Perform the remembrance of Allah (Thikr) silently and aloud, in a group and when alone, for Allah, the Most High says, So remember Me, I will remember you.'' (Koran 2.152). It is sufficient as to its worth, that Allah is remembering you as long as you are remembering Him. 2.31.5 Give frequent utterance to the axiom of Islam La ilaha ill Allah'' (there is no god except Allah), for it is the greatest rememberance (Thikr), as is mentioned in the Prophetic quotations (Ahadith): ``The best thing I or any of the prophets before me have said is `La ilaha ill Allah. And in a Divine quotation (Ahadith qudsi), ``Were the seven heavens and seven earths placed on one side of a balance scale and `La ilaha ill Allah' placed on the other, the latter would outweigh them all.'' 2.3.16 Train you children with Islamic behavior so they grow up to be Muslims who love Islam and respect the religion of Islam. 2.13.7 Do not seek exaltation on earth, but humility in the degree to which Allah has raised you. For Allah has brought you forth from the earth, you mother, and it is unseemly to exalt yourself above her. As a Prophetic quotation (Ahadith) says, Allah has charged Himself to raise nothing in this world, save that He will lower it again.'' So if you are such a thing, you may expect to be lowered by Allah. 2.3.18 Always visit those who are ill, as it helps one reflect and take admonition, for someone ill is close to Allah. One has only to consider that the sick person has no one to call upon except Allah, nothing to reflect upon except Allah, and his condition reminds one of the blessing of health (al-Hall al-sadid li ma astashkalahu al-murid (y-46), 29-32). *BOOK 3: DECEPTION AND DELUSION 3-1 ECEPTION: Ghazalis Clear Deception of all Creation Except the Angels, the Prophets, their families, and companions 3-2 DELUSION: Ibn Qudama Delusions Ways and Means CONTENTS FIRST DECEPTION: Revealing the Clear Deception of all Creation Except the Angels, the Prophets, their families, and companions Imam Ghazali, the Proof of Islam Ghazali quoted the Koran: They call Allah with a great hope while they are fearful of Him. Ghazali450 -505 said: All people are subject to deception, and deception is subject to all people and added: I examined and found that deceit is attached to all those obliged, both believers and unbelievers except those who Allah, the Lord of the worlds has protected. In the name of Allah, the Merciful, the Most Merciful Allah has venerated and given peace to His messenger, together with family, and companions. I trust in Him. Praise be to Allah alone, who venerated the best of His creation, our master Muhammad, together with family and companions. Having said that, I would say that this book is The Revealing the Clear Deception of all Creation iii Ghazalis Introduction Know that the creation is of two types, animal and non animal. As for the animal there are those subject to obligation and those who are not. As for the obliged, it is whom Allah has addressed and commanded to be His worshippers and promised them a reward for it and has forbidden them to sin and cautioned them of punishment. As for one not under this obligation, is whom is not addressed or commanded as such. As for the obliged there are two types, a believer in the Creator and the unbeliever or disbeliever. The believers are of two types, the obedient and the disobedient ones, also known as the sinner. And each one of these is divided into two sections, the knowledgeable and the ignorant. I examined and found that deceit is attached to all those obliged, both believers and unbelievers except those who Allah the Lord of the worlds has protected. If Allah wills, I will reveal their deceit. I will clarify the proofs with brevity and the minimum of phrasing making it perfectly obvious with references and brilliant details. So let me say, and my success is only by Allah, and allow me to inform you that the deluded, other than the unbelievers, are of four types: 1 The knowledgeable scholars 2 The ordinary worshippers 3 Among the rich and famous 4 The spiritual Sufis 1. Deception of the unbeliever As for the deception of the unbeliever, which I would like to first focus on, they are of two types: A. Whose worldly life has deceived him. = party, those deceived by this life B Who has been deceived by satan regarding Allah The first party, those deceived by this life, are those who say that cash is better now than later, and that the pleasure of this life is certainty and the pleasure of the hereafter is doubtful. [loyalty to reason or previous association despite truth, is illogical] It is worth noting that leaving certainty for the sake of doubt is false logic. This is exactly the logic of iblis (satan) when he said, I am better than him (Adam) and he thought there was validity in the reason (mud vs fire - adam made from mud vs. satan made from fire). The remedies for this deception by life and satan are two: 1 That a deceited person to accept the Truth and become a believer 2 To receive the sound proof As for the acceptance of truth, it is that he believe Allah the High when He said. and what is with Allah is better and more remaining and His saying, indeed this life is only a pleasure of deception. Also, deceited person has to believe what the messenger brought. As for the deceited person with false proof, he has to know what spoiled his logic when he claimed this life is cash now, and the hereafter is delayed. This premise is sound. His fault however, which confuses him is when he claims the cash or pleasure here is better than the delayed reward and pleasue. The matter is not so. If the cash is the same in value as the delayed, this is one situation and a fair one. But, if the cash is less in pleasure than the delayed, then the delayed is better. And it is well known that the hereafter is eternal and the here is not eternal, hence the delayed pleasure is eternal. Darwish added, Even the people of current wealth are willing to part with it and invest it in the future in order to receive in the future a better and more reqwarded cash. As for their statement that the pleasure of this life is certain, and the pleasure of the hereafter is doubtful, this is false too. Because what is certain with the believer is according to two understandings: 1 Belief itself, certified according to the imitation of the Prophet and the learned people. This is just as the doctor who is an expert is imitated in his practice. 2 The revelation for the Prophet and the inspiration to those awlia close to Allah. But dont think in confusion that the knowledge of the Prophet of the hereafter affairs and the here affairs are an imitation/emulation of Gabriel. Because imitation is not based on sound knowledge. Allah protected the Prophet from such. Rather matters have been revealed to the Prophet with his own insight (baseera) as he sees the visible with his eyes. Remember that the believers, by tongue and faith if they waste the orders of Allah such as doing good deeds, and thereby become filthy by the lower appetites and desires, then they share with the unbeliever this deception. Therefore this worldly life becomes, for both the believer and unbeliever the same in deception. As for the deception of the unbeliever regarding Allah, their example is like some of them saying to themselves: If Allah is going to resurrect us, we have more rights than other people. A man says in the Koran Nor do I think that the Hour will come. Even if I returned to my Lord, I should surely find a better place than this. 18:36 The reason for this deception is false logic, the same as ibliss, may Allah curse him. This is because they look once to the favors that Allah gave them in this life and they equate it to the pleasure of the hereafter. (Kind of free ride! What a wishfull thinking!) Another time they look to the respite of the punishment of Allah in this life and equate it to the hereafter. Allah quotes them, Allah does not punish us for the things we say. (Yet, again what a wishfull thinking!) Sometimes they look down on the believers who are poor. And say, Had Allah given them favors among us and if it was been good, they would NOT be ahead of us The aggregation of their logic is like this in their heart: Allah has given us favors in this life and every giver loves us. This is not so. Not every generous gift is from a lover. It could be a reason of gradual destruction. (How about a trail!) This is pure deception regarding Allah. Therefore, the Prophet said, Indeed Allah protects his worshipper the believer from this life, as one of you protects his loved one from water and drink while sick as you love him. Therefore the people of insight, when the dunya (life) comes to them they become upset and when poverty comes to them they become happy. Welcoming poverty is the maxim of the good. Allah said, As for the human when the Lord tries him He gives him honor and favor. Do they think that what We extend of them that We are hastening them goodness. We come from them from where they do not expect. And when they forgot what We reminded them with, they become joyful with what they had been given, We took them suddenly. None will believe in Allah if they believe in this deception. The root of this deception is ignorance of Allah and His attributes. Whosoever knows Allah, he will not be safe from His destiny and justly astute reply. Havent they looked at Pharoah, Haman, and Nemuth! What happened to them after Allah gave them lots of wealth? Allah has warned of His destiny when He said that no one is deceived from His destiny except the lost. They plan to con but Allah is the Best of Planners. And delay the unbelievers for a while So whoever Allah has given favor must be watchful so that it does not become a curse. We seeked knowledge not for Allah but for ourselves, and the knowledge turned and lead us to know Allah. Section About the deception of the sinner among the believer. The deception of the sinner among the believer comes from their saying that Allah is the Forgiving and the Merciful. We only seek His pardon. So they relied on this statement and neglected their deeds. Darwish added, As such the deception of current Muslims, because they are weaklings in Islamic knowledge, fell into the same trap claiming that everything is written so they neglect their deeds and fail to understand that the Holy Writing doesnt relieve them from responsibility due to the freedom of choice granted by Allah to choose to do good or bad. Though, the statement of the deceit sinner among the believer is praiseworthy in the religion. The Mercy of Allah is wide and His favors are comprehensive. His generosity covers everybody and we are indeed believers in His Uniqueness and hope by means of faith, generosity, and kindness. Also, there is the possibility that their deception comes from their mothers and fathers being good. This is deception at its deepest. Why? Because though their parents were good and pure they also were fearful. And guess what? It looks like these people articulated their logic following the same satanic logic that whosoever loves a person must also love his children. As if satan tells them, If Allah loves your parents He loves you, so you are not in need of your deeds of obedience. Thereupon they relied on that and got cheated regarding Allah. These Muslim sinners almost dont know that Noah wished to carry his son in the arc and was forbidden. Allah caused him to drown in the same flood that drowned Noahs nation. As they have forgotten the saying of Allah, No ones responsibility will be substituted for anothers and His saying, Due to a human is only what he has done. So whoever guessed that he would be saved by the righteousness of his father is like someone who thought he would get full by his fathers eating or satiated from his fathers drinking. Besides, fear is a personal and individual obligation, in which no father can substitute for a child. When it comes time to recompense the taqwa, a man will run from brother, mother, and father, his companion and his children, except through intercession. Also, they have forgotten that the traditions reports, The wise person is one who discredits himself and practices for the sake of whatever comes after death and the truly incapable who follow the desires of his own self and practice wishful thinking regarding Allah. Also Allah said, Those who believed, migrated, struggled in the cause of Allah they are indeed desiring the mercy of Allah and Allah is Forgiving and Merciful. It is recompense for what they used to do. Is it sound that the wish has to be superseded by deeds? If not then it is deception, absolutely. Wishing to rely on Allah is only to cool the heat of disappointment and fear. These benefits are referred to in the Koran, and encouraged to do more. Section: 1 Those whose sins are more than their good, obedient actions, and they have wishful thinking and are looking for forgiveness, thinking that the scale of their good deeds are more than the scale of their evil deeds. This is the result of ignorance. For example, you will see one of them paying a lot of charity from both lawful and unlawful sources, even though what he takes of the wealth of people is far greater. What he has gained from pilfering the wealth of people and shifty deals is far more than his lawful income. Another example of such a person is one who puts 10 dollars on one scale and 1000 on the other end, thinking that the 10 will outweigh the 1000! This again is a result of ignorance. 2 Another group in which one of them actually thinks his obedience weighs more than his sins. He does not take his own self to account and he does not audit his sins. While, if he does a good deed, he remembers it and counts it. His example is like a person who asks Allah for forgiveness with his tongue and exalts Him day and night, 100 or 1000 times, then he slanders his fellow Muslims and he speaks all day of what does not please Allah. Then he pays attention to what has been reported regarding the virtue of exultation and completely overlooks and forgets what is reported regarding the punishment of liars, slanderers, and hypocrites. This is pure deception. Protecting his tongue from sinning in this case would be more worthy than his exaltation of Allah. Exalted is He who guides us to draw attention to such matters! [However we are not recommending that you do not exalt Allah, for Allah never ordered us to do something much, except the remembrance of Him.] Section: Showing the types of deceited people and the classification of each type. The first type of deception: Amongst the Knowledgeable The deceited Knowledgeable group who mastered the religion and reason based sciences, diving deep into them, fully occupied, to the point that they neglected their limbs and they did not only restrict them from sin, but also restricted them from obedient matters. Their knowledge deceived them. They thought that they had a rank with Allah and that they have reached high rank through knowledge and that Allah does not punish such people, letting them intercede for others, and that He will not charge them for their deeds and mistakes. Indeed they are deceived. Had they looked introspectively they would have learned that knowledge is of two types: practical knowledge and knowledge of the unseen, which is the knowledge of Allah and His attributes. Practical knowledge [Jurisprudence] is a must in order to find sought after wisdom, dealing with what one knows of lawful and unlawful, and the knowledge of manners, whether they are praise-worthy or condemnable. Their example is like a doctor who cures others while being incapable of curing himself, so he remains ill. Is any medicine sufficient through only its being prescribed? No way. The cure will not benefit you unless you drink it after having become sick. This party has overlooked the saying of Allah, Indeed he who has purified it (his soul) is the winner and the loser he who has hidden it. Notice that He did not say, He who knows how to purify it, wrote it down and told the people. They have also overlooked that the Prophet said, Whoever increased in knowledge and did not increase in guidance, he only increased in distance from Allah and many other statements of the like. These scholars are deceived. We seek refuge in Allah from their condition. Indeed the love of the world and the love of their selves and seeking the current comforts have overcome them. They thought that their knowledge without its practice would save them in the hereafter. 2 Another group perfected knowledge and the apparent good deeds and also avoided the apparent sin, but they overlooked their hearts so that they never cleansed them of attributes condemnable by Allah. Such people have pride, show off, envy, seek to be the boss, and consider themselves higher than others. They wish harm to friends and partners and seek fame in cities and countries. The reason for this deception is their overlooking the statement of the Prophet Showing off is the small shirk (disbelief) and his saying Envy devours merits as fire eats dry plants. and his saying Love of wealth and honor plant hypocrisy in the heart as water plants seeds And the like. Also Allah said. Except he who comes to Allah with a unblemished, sound heart. They overlooked their hearts and became busy with their appearance, and whosoever does not have a pure heart does not have valid deeds of worship. He is like a sick person whose skin suddenly has an itchy disease arising from an internal cause, so the doctor prescribes for him both ointment and liquid medicine. He applies only the ointment but neglects the medicine, so his skins appearance barely improves and the cause of the ailment still remains. Furthermore, due to the fact that what he has in his appearance relies on what he has inside his itching not only continues but increases. So, had the internal cause been quelled his skin would have recovered for good. Such is the example of the filth which is hidden in the heart. It pushes the traces of its disease to the limbs. Contemporary deception, added by Darwish The American Deceit Special Special cases for America, one of the deceptions happening nowadays is the lack of respect shown Muslim scholars, they are not sought out. Then the Muslims think that if they pick a book or two reading in without a chain leading up to the prophet, that they think themselves knowledgeable. Thereby they sever the most characteristic part of this nation by transmitting knowledge of the prophet via thabt and Ijazah and they increased into ignorance till it became complex, ignorant that they are ignorant. The another contemporary deception is the many of the people who migrated here to the land of opportunity who accomplish material positions and accumulate wealth in their neighborhood and then jump into mosques where only Allah and his prophet should be mentioned and try to control it turning their imams into prayer and limited lecture givers only, some of them will choose only uneducated junior imams for obvious reasons. They set up government inside so the mosque which should be the center for pressing the Islamic knowledge of the Prophet converted by them into a democratic, secular voting competitions during the last 10 days of Ramadan. In delusion they recall the mosques the Islamic cultural centers or isna or icna and the like. And Narrow the moques as the prayer area. Well Houses in Paradise are for who builds Mosque and houses of worship for Allah, based on the Koran and Prophetic saying ( Hadith) methodology, not the non-profit organization. We did not even mention the luandormat of charirty tax deduction funds etc. Though the Muslims in USA are the richest in income, they are the least in supporting Ulama (learned Imams) preparation 3 Another group knows the importance of having internal problematic ethics, and know it is condemned in jurisprudence. However, due to the fact that they are so fond of themselves, they think that these do not apply to them and that they are too high in rank with Allah to be tried with such as it is only for the common people, not for people like them who reach their level of knowledge. Soon they enjoyed the characteristics of pride, arrogance, wanting to be the boss, seeking to be higher than others in rank and interpreted. They are deceived in that they thought that these are not traits of pride or arrogance, but rather the strength of the religion, showing the honor of knowledge and the victory to the religion of Allah. They overlooked that satan (iblis) is happy with their behavior. They even overlooked Omars statement, We are honored by Islam, we do not seek honor by other than it. Also, they overlooked the humbleness of the companions and their humility, poverty, and neediness. They even overlooked the best example, the characteristics of the Prophet and the rest if his closed companions Instead, one of these people seeks the honor of religion via fancy clothes. He claims that he seeks the might of knowledge and the honor of religion, heedless that his tongue is loose with envying his peers and whosoever retorts his statements. He does not consider this as envy, but rather being angry for the truth. He claims it to be a reply to those in the wrong in their enmity and their harm. This deceived person, if he was in the wrong against other scholars of his peers he would not be angry but he would be happy, even if he shows that he is angry but his heart loves it. Sometimes he shows off knowledge, claiming that doing so is to benefit the people. He is indeed insincere, for had his aim been for the benefit of the people he would love benefit coming from other than him as well, via his peers, whether equal, lesser than, or above him. He goes to the leaders and patronizes and praises them so they love him and when he is asked about it he says, My intention is to benefit the Muslims and save them from harm. He is so deceived, because had he has that aim, he would be happy if this happened by other than him or that someone elses hand was with the sultan. On the contrary he would be upset! Also, he maybe takes from Muslim wealth unlawfully and when it comes to his conscience that it was wrong, satan tells him, This wealth has no individual honor. It is for the common good of the Muslims and you are the imam of the Muslims, their learned authority, and by you Islam is established. These three matters are so obscure! The first is that wealth has no individual honor, the second is that it is for the common good of the Muslims, and the third is that he is the imam. Can anybody become imam unless he avoids this life like the Prophet and the companions and the good scholars of this nation? [As such is the case of the $18 billion gold fund owned by 19 blood children of Wahabi founders and the wahabi verdict (fatwa) that there is no obligatory charity upon sauides family members to pay for the Oil annual income] His example is like Jesus (please see the Christian deception appendix) said, The knowledgeable evil person is like a stone fallen in the waters entrance of a valley. It does not drink water and it does not allow water to go to the plants. The types of deception of the people of knowledge are numerous. These type of people harm more than they reform. Wahabis deception A group of Najdi ignorant people amount few hundreds thousands started by claming the unbelief of over a billion Muslims because they do not follow their founder and his 600 years techer of choince. Then truned to be they revived the Khariji un-islamic sect thought and practice. Their founder started by killing the Uluma in Mecca and medina see the last book Their Path The problem now is that the most of Muslims masses follow them specilally the students in colleges and local mosques, not to mention all the fighters in Afghanstan, and other places. 4 Another group of scholars perfected knowledge and purified their limbs with deeds of worship and avoided the apparent sins and they examined their self and the attributes of the heart from insincerity, envy, pride, malice, seeking to be higher than others. They struggle internally to purify themselves from all this and extracted from the heart its deep strong roots. However, they are deceived because they left in their heart reminders of hidden tricks of satan and hidden tricks of the soul that are small and hard to detect. They did not pay attention to them and neglected them. Their example is like he who planted and wanted to purify his garden from weeds so he searched for every one of the weeds and pulled it out but did not look for the roots of those not sprouted. They think that what is apparent is all there is. So when they neglected it, later it appeared and spoiled the garden. These will soon change to the worse. Sometimes they avoid the people as a type of pride and sometimes they look at people with disrespect. Sometimes they strive to look good and pious and handsome, so that no one looks at them with disrespect. 5 Another group left the most important religious knowledge related government and worldly affairs. Now they focus on verdicts, disputations, and the details of business deals between people and they classify names of jurists and criticize them. Maybe they wasted even the apparent knowledge along with the inner and never protected their limbs or watched their tongues when slandering, their stomachs when consuming forbidden (haram), their feet when walking to the rulers, and so forth with the rest of their limbs. They did not protect their hearts from pride, insincerity, envy, and the rest of the destructive behaviors. These are deceived in two aspects, the first one is due to the practice itself which I covered and demonstrated the best practices in our book The Revitalization book (al Ihya). Their example is like the sick person who has been taught the art of curing from the doctors but did not practice it. So indeed this group of people are on the edge of destruction from which they have left purifying themselves, keeping busy with books about menses, ransom, and divorce, etc. They have wasted their life, for they were deceived by the way people treat them with respect, honor, and greatness. They turn into judges and spokesmen and they stab each other in the back but when they meet all this goes away temporarily. The second deceiving aspect is coming from their knowledge that they think that there is no knowledge but this and this is the knowledge that will save you. On the contrary, the only thing that saves you and makes you rich is the love of Allah. You cannot imagine loving Allah the High without knowing Him. Knowing Allah means: 1 Knowing Allah 2 Knowing His Attributes 3 Knowing His Deeds Their example is like someone who sells provisions on the road going to Hajj, but he is not going to Haj himself. He did not realized that the jurisprudence is the understanding of the laws of Allah and the knowledge of Allahs Attributes that admonish and scare the worshipper in order that the heart fears and inclines to the avoidance of sin, thereby avoiding hell. As Allah the High said, had a group of each learned the jurisprudence and returned toward their folks And among these people are those who focused, within the science of jurisprudence, only the matters of disputation. They cared only about how to debate, argue, and overcome opponents, even pushing the truth in order to win and how to be proud about it. So all day and night they search in the different gaps between doctrines and look for the shortcomings of peers and so forth. So indeed this group is not really intent on knowledge, rather they intend the fame and fondness of peers. Had they occupied themselves with purifying their hearts it would have been better for them than knowledge that benefits only in this life and produces only pride. All this turns on the Day of Judgment into the blazing fire. Worse yet, the proof of this is well presented in the book of Allah and Prophetic knowledge. So how bad is the deception of these people! Another group occupies themselves with the science of debate and defending against opponents, following their contradictions, purposefully become specialized and increasingly devoted to teaching this path of debating and cornering. These are of two groups, one astray and guiding others astray, and the other on the path of Truth. As for the first of those in error and guiding people to error, their ignorance comes from thinking themselves safe even though they err. These are broken into numerous groups, in which every one accuses the others to be unbelievers and this error comes from the lack of enforcement of sound conditions and its methodology. They see the truth as confusion and see confusion as truth. As for the group on the side of the truth, their deception is that they thought debating and arguing is the most important matter and the best sacrifice in the religion. They claimed that no ones religion is complete until one examined and researched. Whosoever believed in Allah without such research and auditing is not a believer, not perfect, and is not near to Allah. Not so! They completely overlooked the first century. The Prophet bore witness that his generation of Muslims are the best generation and he did not ask them for proof. The companion Abu Omama Al Bahili, may Allah be pleased with him, reports that the Prophet said, There has never been a nation that was misled except that they debate was given to them. 6 Another group of scholars are busy admonishing others and applaud those who speak on the characteristics of the soul and attributes of the heart such as: fear, trusting, looking forward, patience, thanksgiving, reliance on Allah, disinterest in this life, certainty, sincerity, and truthfulness. This group is deceived because they think that if they speak on these attributes and call others to it, they exhibit the same qualities. In fact they are far from them, and if examined they prove to have very little of them, equal to the lay man. This kind of deception is very strong, because they are fond of themselves to the fullest. They think that if they dive into the science of Divine love they are saved by Allah and will be forgiven just because they memorize the phrasing of good people, although they do not practice it. These peoples deception is greater than those previously mentioned because they think that they love Allah and His messenger. They have not taken care of the delicacy of sincerity. They have not cured the hidden condemnable characteristics of the soul nor the rest of their attributes. They cherish most of this life, more than anybody else, though in appearance they show that they are disinterested in it. In reality they are holding firm on this life and have a strong desire for it. They call people to sincerity and they are not sincere. They show their supplication to Allah and they are apart from it. They call people to fear Allah while they feel safe from Him. They order people to remember Allah and they are forgetting Him. They call people to the nearness of Allah, and they are far from Him. They condemn bad manners, while they have them. They advise a person to stay away from people, but they themselves are strongly engaged with the people. If they are prevented from their meeting in which they call people to Allah, the whole earth seems narrow for them. They claim that their aim is only to correct the people and reform them, but if any of their peers start receiving the people they will almost die from envy and feeling bad. If anyone comes to him and praises one of their peers, that peer becomes the most hated to them. Indeed these are the most deceived! They are far beyond returning back, because they already have the necessary tools which they abandoned them all together! 7 Another group bypassed the most important obligations. These are all the preachers nowadays, except the few Allah protects. They are occupied with a combination of obedience, sinister exaggeration and fabrication beyond the bounds of justice and the religion, seeking to be strange and different. Others became busy with humor and speaking with rhythm and rhyme. This became their utmost goal, referring to the poetry of love and separation. Their aim is to have in their meeting lots of reaction and praise. They do so even at the expense of quality and decency. These are the satans of mankind. They have already erred and they guide other people to error. [Allah said, Indeed, Allah does not guide who misguides As far as the good early preachers, they reform themselves and indeed they reform others. They corrected their phrasing and their admonitions. But as for these people, they only bar from the path of Allah and drag people to false desires and deceptions about Him. They do so skillfully, with bravery and boldness towards sin! Their want is only for this life. Especially when the teacher is well dressed, showing off, and he admonishes them to despair of the Mercy of Allah until they do so! Another group is satisfied with the words of worshippers and their stories regarding the disliking of this life, etc, so they repeat this as they memorize it without deep understanding of its meaning. One of them will admonish the masses with such from the podium and another will admonish people in the markets. They think that they are safe from Allah, merely by memorizing the words of the worshippers, being devoid of doing what they advise. Again, these people are more in deception than those of the previous group. 8 Another deluded group spent their time in studying a limited part of the science of Hadith. They hear them, collect chains of transmission, search for rare narrations, and even go about to other countries so they can report via master sheikhs, all-the-while being insincere. They only do this to say that they report via so and so and they met so and so and they have a lot of the narrations that nobody else has. Their deception is from several directions. For one, they carry books but do not pay enough attention to understand the Prophetic ways and dive into their meaning. They focus only on the narration of the Hadith and they think this is sufficient. They do not know the principle of Hadith is to approach it in this manner: firstly you listen to the Hadith, secondly you memorize it, thirdly you understand it, fourthly you practice it, and fifthly you pass it on to others. These people only focus on listening; they have not let the Hadith take charge. They abused it and withheld its rights over them. Indeed, there is no benefit whatsoever in focusing just on listening! Nowadays Hadith are read to youths while they do not pay attention. The teacher himself does not even pay attention sometimes, so perhaps the students write the wrong words down and he does not know it. Maybe he even sleeps and the Hadith is reported and he does not even know it. All this is deception! In principle, listening to Hadith started this way: each one of the first generation of companions practiced after each listened to the Prophet and memorized it as each heard it, then delivered it as each memorized it, therefore the narration comes from memory and memory comes from hearing which put in practice. So, if one were unable to hear it from the Prophet, then he listened to it from the companions, or those who followed them. Thereby his listening becomes as if he heard it from the Prophet. That is, he paid attention, listened, and memorized it, practiced and then reported it as he memorized it. He does this in such a way that he does not have a doubt, even in a single letter of the Hadith, because if doubt occurs he will not be allowed to report it or to tell about it. If he made a mistake in a letter, he will be judged as having erred. Memorizing Hadith is done in two ways: One, by the heart with the continual and repetitive remembrance of it. The second is by writing it, proofreading what is written, and protecting it so no hand can change it. They way to protects a book is to put it in a safe, guarded so no one will touch it other than whoever wrote it down. [Darwish added: If Ghazali comes today to America he will be shocked that hadith is abandoned and that the Muslims sold the Prophet for a little price and kept him in the back burner of their lives, even far worse than he warned from that they take him as disposal throw away cup! I ask Allah protection, and I quit and reject such behavior of American Muslims and all Muslims living in America abandaoneding over 8266 authentic ahadith download them all in www.Muhammad.com] [Look at Ghazali analysis study of Hadith manner, and later comes bunsh of ignorate people who are not Muhaddith themselves and critized him for mentioning some week hadith in manner which completey okay as certified by Imam Nawawi, and these people lied on Ghazali claiming that Ghazali reported 10s of false hadith which many Hufaz proved them wrong such as As far as Hadith and Prophetic sayings, some people objected that he did not stick to special ranks of authenticity, though he did not mention a single false Hadith. Al Hafiz Al Iraqi, who passed in 806 ah has written two books to defend the Hadith reported in Ghazali, one large book in 751 ah and a shorter book. This one is printed in many margin in editions of Ghazali. He wrote the smaller one in 760 ah as an abridgement and follow up for some hadith he searched out for 9 years. He proved that there not a sigle false hadith in Ghazali work, Ibn Hajar found even more supportive narrations to defend al-Ghazali Here is a calendar if work defending al-Ghazali. No critique of Ghazali is honored due to juvenility of those who critize Al Ghazali when compared to him and his academic followership of scholars. The following Hufaz defended Ghazali 751Al Iraqis large volume supporting Ahya with a hold on several Hadith for research 760Al Iraqis Abridgement of above, including those previously on hold 806Death of Al Hafiz Al Iraqi Ibn Hajar wrote a volume following up on his teacher Al Iraqis support of Ghazali 852Death of Ibn Hajar Al Asqalani 897Zain Adeen Kazim Qatalubagha wrote a book and added further support of Ghazali 812Death of Sheikh Muhammad Al Ajluni Sheikh Muhammad Al Ajluni wrote Best Ghazali abridgement 1/10th in size The last juvenile person I heard to critize al Ghazal is a wahabi person called Jama Zarabozo of Boulder, Colorado, USA I went to visit him in May, 2004 and he refused to meet me, and denied that I called him many year ago what a memory for a person who wants to study hadith - when I was in New Mexico and heard that he was interesting in Hadith. My intention was to give him my Arabic Hadith collection of transimittion of thabt ashabrawi after visiting him in the name of Allah. Later, when I came to know that he has ibn tymia and ibn abdelwahab the kharijis as conditions in his faith and practice I was happy that I did not meet him. What a blessing.] It is not even allowed for a child, or the drowsy, or an inattentive person to hear a Hadith. In fact, there are many conditions to listening to Hadith, but in short, the goal is to practice the Hadith and know it. Besides, it has many ways of being understood, just like the Koran. It is reported that Abu Sufayan Ibn Abi Alkhair attended the Hadith meeting of Zahir Ibn Ahmad, and the first Hadith reported was, The Prophet said, Among the good of ones Islam is that he leaves what does not concern him. So he stood to leave and said, This suffices me until I am ready for another Hadith. This is the way people used to hear Hadith. (Remember the Islamic missionary work is zero both in USA and abroad) 9 Another group of scholars became occupied with the knowledge of grammar, language, poems, and prayer usages. They become deceived, claiming that they have been forgiven, and they are beyond the learned people of society as their religion is established on grammar and language. They wasted their lives in the details of syntax and speech and indeed this is a great deception. Had they some reason, they would know that the language of the Arab [Tell American Muslims like Zaitona institute and Hamza Yusuf about it] is like the language of the Turk and whosoever wastes his life in the Arabic language is like the person who wasted his life in the Turkish language, or the Indian language, or any other language. The only difference between these languages is that the religion came in Arabic. It is sufficient to study of this language what will cover the Koran, Hadith, and basic grammar. As far as diving deep to a degree of limitlessness, it is luxury we can do without and its practitioner is deceived. The deceived people of the worshipping and practice consist of many groups. For some of them deception is in prayer, some the recitation of Koran, some with Pilgrimage, some in fighting the unbelievers, and some in asceticism (zuhd). Among them is a group who neglected the obligatory and got busy with the non-obligatory. Perhaps they even dive so deep into it that they reach the level of waste and transgression. Like someone who is in continuous doubt about his ablution, so he overdoes it to the point that he does not even like pure water. He starts making assumptions that are very distant, brings them near and applies them to the water to declare it impure. The opposite of this deluded fellow is one who consumes the unlawful. He considers the very near assumption as very distant and he perhaps one day even eats the completely forbidden. Had the great attention given the water, been paid to the food, it would be better fitting. The proof is in the companions. Omar made ablution from a water jar of a Christian woman, and there was clearly a possibility that it contained filth. But he left many opportunities for lawful, pure food, lest he fall into one that was unlawful! For another group, doubt has overcome them in forming the intention for prayer. This reaches the point where satan does not let them muster a single intention for a prayer, but rather continues whispering on the person till he misses the whole congregational prayer. Sometimes one of them misses the prayer time entirely. If he ever completes the first obligatory Allahu Akbar, his heart remains hesitant and doubtful about it throughout the whole prayer. Sometimes the hesitation in pronouncing the first takbeer causes him to change its sound and phonetic characteristics such that it is no longer a takbeer, due only to his over-consideration. Sometimes he even misses the whole Opener chapter. He hesitates at the beginning of the prayer and then misses most of the prayer and moreover, his heart is not in it. He was cheated by such because he did not know that the presence of the heart in the prayer is obligatory! Thus satan deceived him by telling him, this cautiousness puts you above the lay man, you are in good shape with Allah! For another group, the whispering and hesitation comes regarding the letters of the Opener Chapter and the rest of the daily repetitions of Allahs names and supplications. So he continues paying attention to the (nunations) and the differences between the letter Tha and the letter Za and nothing is more important to him than this. He does not ponder over the secret meanings of the Opener chapter. He did not know that what Allah obliged the people to do in recitation of Koran is to realize the normal phonetics of the habit of their own language. This too is a great deception. Their likeness is he who bears a message to the assembly of the ruler, and was ordered to give it properly so he started delivering the message and started articulating the locality of the letters and repeated it again and again, not paying attention to what is wanted of the message and the respect of the assembly. There is no doubt that he needs nursing and that he will be sent to the mad house, being judged as having lost his mind. Another group has been deceived in the recitation of Koran. They read it so fast that one might recite the whole Koran in one day and night. While their tongues are running with it, their hearts are running in the valleys of hopes of this worldly life. They do not think about the meaning of the Koran to follow its admonition and its sermons and stand by its order and what is forbidden. They ought to contemplate in the places calling for contemplation and enjoy the meaning not the rhythm. And, whosoever reads the book of Allah a hundred times in a day and has left the orders of Allah and what is forbidden, he is worthy of punishment. Maybe he has a beautiful voice and reads and enjoys himself and is deceived by his enjoyment and thinks this is the pleasure of speaking with Allah and listening to His words. How far from the truth he is regarding of the joy of his sound! Had he reached the pleasure of the words of Allah he would never regard his voice and its beauty, nor would his thought ever be focused on such. Therefore the pleasure of the words of Allah is only from the meaning. Therefore this fellow is in a great deception. Another group was cheated and deceived by fasting. They maybe even fasted every day, or just the honorable days, though they do not protect their tongues from slandering or their thoughts from showing off. Their stomachs are not protected from unlawful consumption and they do not refrain from gossip, chatting, and vain talk. So, these people followed the good, but not the obligatory and they think they are safe. How far they are from being safe! The safe are only those who come to Allah with a sound heart. Another group, they are cheated by pilgrimage. They go without returning the wealth of others and before they pay off their debts. They do not please their parents or seek lawful provision. They might even neglect the obligatory prayer on the way. And maybe they fall short of purifying their clothes and bodies from filth. They wheel and deal with financial profiteers, throwing caution to the wind. On the way to hajj, they dispute and disown one another. One might just gather forbidden money and spend it on his travel companions, seeking to show off and earn a nice reputation of generosity. So firstly he disobeys Allah by gaining income unlawfully and then he spends it to show off! Then he reaches the kAba with a filthy heart bringing with him bad manners and the worst of attributes. Despite all this, he thinks he is in good shape with his Lord, so he is deceived. Another group, they have chosen the path of fear, ordering righteousness and prohibiting people from the unlawful. But, one of them will object when people do wrong and order them to do good, all the while forgetting himself. When he orders them with good, he does so overbearingly and with roughness. He seeks leadership and authority over them. If he commits an objectionable act himself and is called out, he replies, I am the authority, how dare you object to me! Maybe he gathers the people in the mosque and whosoever is delayed, he speaks harshly to them. Sometimes his showing off, seeking leadership, and all the other accompanying concerns come to the point that if anyone stands in the mosque other than him he assails them! Among the common worshippers is one who pronounces the call to prayer and thinks he is doing for Allah, but if anyone else comes to do it when he is delayed, it is as if the Day of Judgment has started! He says, I did not get my due rights and I was ousted from my position. Some of them like to seek the leadership and thinks he is the best though his intention is to be called the imam of such and such a mosque. The sign of his deception is when anyone comes with more knowledge and purity than him, it becomes hard on him. Another group migrates to Mecca and Medina to have the honor of being the neighbor of the Prophet or the house of Allah. They are cheated in two places because they never watched their hearts and purified neither their appearance nor their insides. Maybe their hearts are still deeply connected to their countries and their old homes. You will find them speaking of it, saying, I have been a neighbor here for many, many years... They are cheated by deception, because they are better off to be in their own country and long for the two cities. If they happen to live in Mecca, they must uphold and observe the rights of Allah and if they live in Medina they must uphold and observe the rights of the Prophet. These people are deceived by the appearance because they thought the walls were going to save them. Sometimes their soul does not even permit them to give a mouthful to the poor. We know how complex observing the rights of ordinary neighbors is, much less neighboring the Prophet! The best way of neighboring is to observe and protect your heart and limbs. Another group, they show no interest in wealth and are satisfied with limited food and non-luxurious clothes. They even live in the mosques. But, they thought that they will reach the rank of ascetics though they really desire leadership, rank, and fame. Leadership comes either by knowledge, by preaching, or by hermitage. So, they left the easier of the two options, between wealth and claim of spirituality and went for the hardest one, which is more destructive than beneficial. Spiritual rank is more important than wealth, but had they left the false claim of spiritual rank and gone for the money, they would be better off! These are deceived because they thought they were among the ascetics and do not even know the meaning of this life. They might even give respect to the rich man over the poor! Some of them are so fond of their deeds! They go into seclusion from people and then into spiritual seclusion, but they do not have the necessary prerequisites. Some of them, when they are given wealth, reject it fearing that people might say that they accept wealth, though deep in their heart they are anxious for money, but fearful of the peoples condemnation. Among them there is one so highly disciplined in his limbs that he prays perhaps a thousand times a day and often completes the recitation of the whole Koran. For all these deeds it never occurs to him to be disciplined in his heart by examining it and purifying it from pride and self-gratification and other destructive characteristics. Perhaps he thinks that the apparent worshipping is weightier on the scale of merits and rewards, which is far from truth. One atom of fear of Allah or the good manners of the wise is better than mountains of the deeds of such people. He becomes more deceived when someone tells him that he is one of the anchors of this earth and among the friends and beloved of Allah. If this is said to him he praises and complements the well-wishers soul. However if he is insulted a few times in a day, he will turn deeply ungrateful and struggle against whoever insulted him, maybe even telling him that Allah will never forgive him! Another deceived group focuses on volunteer activities but never cared about the obligatory. You will see one of them pay such great attention to the duha (late morning) prayer and night prayer, but never feels any pleasure or good from the obligatory prayer. For example, when he goes to pray zuhr he is livelier in his praying the two rakat after than he is for the four of the congregational prayer. He forgets what the Prophet said, All the people who want to get near, nothing will get them near more than what I obligated on them. Neglecting the prioritization of good is among the evil actions. Maybe a person is subjected to two obligations at once. One of them is impacted by time and the other not. Or perhaps they are subject to two volunteer activities, one that has to be done in a limited, short time and the other that can be done within a longer time span. So, if one does not acknowledge or honor the prioritization, he is cheated. There are so many examples of this deception they cannot be counted. Let me tell you, sin is clear. But, what is not clear is the precedence of some acts of worship over others. For example all obligatory acts have precedence over volunteer actions and the individuals obligations have precedence over the collective obligation of the community. Therefore, you should pay attention to the precedence and importance of individual obligations over what is less than them. You should give precedence to what can be lost in the passing of time before being accomplished and thereby meet its deadline. Give precedence to the rights of your mother before the rights of your father. And give precedence of your budget and your parents needs over going to Hajj. You should give precedence to the Jumuah prayer when it arrives and in general you give precedence to religious obligations over secular ones. A worshipper is good when he executes this notion of precedence, but people get deceived. Because most precedence is so delicate and hidden, few are able to make differentiation except those well established in knowledge. These deceived rich and famous are composed of many groups. One pays attention to building mosques, schools, forts, dams, water tanks, and whatever else is seen by people. They put their names in stone so that their memory is eternally stuck to the building and persists after their death and they think that by doing so, they are forgiven. (Funny, their graves have their names written in stone, too) They are deceived in two ways. First they earn their money from unlawful sources (like via monopoly), from borderline sources, bribes, and from the sources subject to forewarning and precaution. So these people are already subject to the Anger of Allah in their earnings. If they disobeyed Allah in their earnings, the applicable obligation is repentance and returning the wealth to those properly due it, if they are alive, or to their inheritors if they are not. However, if they do not have inheritors or heirs, then it is to be spent in the most worthy of good causes, such as giving it to the needy. What is the use of an unnecessary building if you only leave it behind when you die? (We are not against builders but investments should be for the poor and needy, global families, kids, babies, etc. That is, we are for everybody doing what they are good at doing, but they should do it for the common good, for the sake of Allah) The second way is that they think themselves sincere and that good is in expenditure and erecting the building. But if any one of them is asked to spend one dollar on a needy person, his soul would not permit him, because wanting to be thanked and praised is deeply cherished in his soul. Sometimes cheating means that you are in a state of deception. The next group of the rich earned lawful and avoided unlawful wealth and then built mosques with it, but they too are cheated in two ways. Firstly they show off and seek fame and praise. Maybe they have a poor neighbor or hometown - spending wealth on them is more important than building extra mosques, because the aim of building a mosque is only to establish one centrally for the whole town, such that it suffices for congregational prayer. The goal should not be to build a mosque on every road and every neighborhood while the poor are in need. It is easier for them to build a mosque than to pay the poor because mosques are actually seen and used by them. These investors think that they are doing something for Allah and their intention justifies this. But this persons intention really is subject to the Anger of Allah, though he says, I do this for only Allah the High. In America spending money in preaching Islam to non-Muslims and investing in qualified traditional Muslim scholars who can teach both young and adult Muslims is more important than building extra mosques. Investing and taking care of the current mosques by transporting people to it and carrying on traditional Islamic activity such as feeding the poor and transmitting the Islamic literature freely not for sale is more important than building mosques. Secondly, they spend in the decoration of mosques with all kinds of arts and crafts which we are ordered to avoid because the hearts of those in prayer are distracted, occupied away from humility in their prayer - which is the very purpose of the prayer. So everything bad happens in their prayers and continues outside the prayer. All this lands in the scale of the one who decorated the mosque, because decorating the mosque as such is forbidden. Al Husain, may Allah be pleased with him, said, When Allahs messenger wanted to build his mosque in Medina, Gabriel came to him and told him to build it seven arms lengths high and not to decorate it nor to sculpt in it. These people took the prohibited as righteousness and then followed through on it. As such they are clearly in a state of deception. (The Jews are cheated by a couple of things: They are led by Moses, who, when he killed a non-Jew was remorseful for the rest of his life and asked Allah for forgiveness. He also objected on the Green Man when the Man killed a kid. Yet they kill innocent Palestinians on the side. Jew who? Sell outs! Now the Palestinians they are cheated on the other hand by not supporting each other where they have lots of rich and fame all over the world, some in Arab countries and some in America and they can buy a complete parcel of land and put ALL the Palestinians on it. SEE the Verse the land is wide MOVE! They cannot use Jerusalem as an excuse for not treating their own people or anyone else unfairly, especially in the name of Islam. Abu Hanifa said that if land is taken, it is no longer Muslim land and to leave it. Also, they should be inviting Jews and others to Islam if they were sincere about it. They are going for democracy instead of establishing a religious state, like the Jews (perhaps pretend) to do! Are you kidding me?) Another group spends wealth in charity for the poor and the needy. They call upon large assemblies and parties about it. But when among the poor, whose nature is to thank, and to spread the words of thanking, these people of course hate to pay charity in secret. They interpret the poor who hides what he gets as a traitor and ingrate towards the good given him. They might even leave their own neighbor hungry! On this topic, Ibn Abbas, may Allah be pleased with them both said, At the end of time, a lot of people will go on pilgrimage not for any other reason but that they love traveling, not to mention that they will have a lot of wealth. They return back sinners, robbed (from the goodness of Hajj). Each one of them, his ride cruises him through locations and desert while his neighbor is almost his captive next to him. He never displays sympathy or even checks on him. A lot of Hajj programs in the west sell it like a tourist package. The providers creatively turn it to include non Hajj intentions, such as visiting world amusements, tourist locations before and after, luxury hotels, not to mention the visa taxation on every Muslim from the Saudi, the rich hosts, who do not even pay zakat on their giant oil money amounting into the billions. Abraham prayed for this baraka, but 100% for Allah, exalted is He, the High (subhanau wa tala) The next group is those who are lords of money who protect it and hold on to it with greed. They occupy themselves only with bodily worship which does not require expenditure (except with small time spending), like fasting the day, praying the night, often completing the recitation of the Koran. These people are deceived because the destructive greed has consumed their insides and they are badly in need of knocking it out by spending wealth. They just went after bodily virtues of worship, while they never occupied themselves with the greatest virtue at their disposal, spending their wealth. Their example is like a person, when a snake got in his clothes and he is about to be killed, he became busy asking for some medicine for his pancreas. Who needs such medicine if he is bitten by a snake! When it was said to Bishr Al Hafi that so and so fasts and prays a lot, he said, Poor needy soul! Indeed he has left his own role impersonated the role of someone else. This persons role should be offering food to the hungry and spreading money to the needy instead of subjecting himself to hunger and voluntary praying while he amasses this life and now bars the rights of the poor. No wonder the verse of the Koran tells us that those who amass gold and silver [money], it will become iron on the Day of Judgment that will be used to iron their skin (see verse) If such a person combined expenditure and prayer that is fine, in fact great. But satan tricked them by moving the priority of spending second to prayer and fasting until he eliminated expenditure altogether and turned his prayer and fasting into a cover. Another group has been overcome by greed such that their soul does not allow them to spend except obligatory zakat. When they do so they pick the worst of their wealth, which they themselves neither want nor like. Then they piggy back. They demand from the poor who serve them and come seeking to satisfy their needs or those they would like to hire in the future for servitude and those with whom they generally have a hidden agenda. Usually they give it to one person, who is very pious and renown, in order to get respect, so they might get something in return later. All this is destructive for the intention and causes the action of worship to be annulled. Of course this person is deceived and thinks he is obedient to Allah though he is immoral because he uses the worship of Allah for another end. So he and the people of his like are deceived by wealth. A contemporary charity payor who are deceived, the rich American Muslims who will pay an organization a check of one amount and ask greater amount receipt for tax deduction and when he gets the deduction he/she keeps it, like a person donate a cow for Allah and asks to receive its calf and milk [You have to know your role and identity The Prophet said, May Allah have mercy on a person who knows the value of himself. Thus, every Muslim has to know his role, which he is created for. This expertise must be devoted to Allah for example what is your roles if you are rich? You should spend a lot in the name of Allah and so forth.] Yet another group consists of the common people and the people of wealth and the poor. They are all cheated by attending lectures of admonition and reminders and they believed that this would suffice them. And they took at it as a habit and thought that they are getting a reward just from hearing the admonition without receiving any lesson from it. They are cheated because the value of listening to admonition only occurs when it encourages the person to do good, and if it does not stimulate them then it has no good in it for them. Stimulation is praiseworthy because it pushes one to do good action, if it does not then the admonishment itself has no good in it. And maybe he is cheated by what he hears of admonition and maybe softens his heart and he cries, or mentions some fearfulness so he becomes sick with fear, so he says, Oh Salam the Peace, give us peace. We seek refuge with Allah, Allah suffices me, there is no move or power except by Allah. He thinks he has come up with all the goods though he is deceived. His example is like a sick person who attends an assembly of doctors and hears what they describe of medicine but he does not practice it or occupy himself with it, though he thinks he feels comfort by attending. Also, his example is like the hungry who goes to lecture of someone describing delicious recipes. Every admonition and Islamic lecture that does not change at least one attribute in you and furthermore change your behavior, thereby bringing you closer to Allah the Mighty the Glorified, and cause you to forget about this life and come determinedly forward to Allah, will be an increasing argument against you. If you misuse it then you are cheated by deception. Among the deceived Sufis there are many these days, except those Allah has protected. First are the people deceived by the style of clothes, the logic of speech, and looks. They try to emulate the sincere people of the Sufi in their appearance, their phrasing, their manners, their meetings, their terminology, their affairs, the style of their dance, purity, prayer, sitting on the carpet, their postures of concentration, contemplation, higher rhythm of breathing, lowering of the voice when speaking, wailing, and so forth. When they came to learn all these, they thought that these habits alone would save them. So they never struggled, exercised, watched the heart, purified the inside and outside from the apparent and hidden contaminations, and all those practices of the ranks of the Sufi. Furthermore they are like dogs when it comes to the forbidden and borderline, the wealth of the officials, competition in bread and currency, and love. They envy big and small. They tear at the honor of one another when they differ. These peoples delusion is apparent. Their example is shown in this ancient story: An aged lady hears that all brave heroes and fighters names have been recorded in the royal courts. So she puts on the same clothes they wear and goes to the king for the likes of their reward. There, she is seen as an aged women consumed by evil. It is said to her, Have you no shame, mocking the king? Put her in the cage with the elephant! There the elephant gives her a little shove and she dies. The next group takes it even further than the previous one. Though the fact is that it was too hard on them to follow the methodology of shabby clothes and putting up with minimum food taste, the ways of marriage, and nominal housing, this group still decided to show off in tasawaf and so they had no choice but to wear Sufi clothes. So they chose to find clothes that were of soft as opposed to harsh fabrics, and they have expensive patches and nice towels and elaborate handmade carpets, whose value is far greater than all the other materials. Furthermore they never avoid apparent sin, so what about the hidden ones? All their aim is luxurious life and consuming the wealth of rulers who trust and respect Sufis. Despite all this, they think themselves good. The harm of these people upon Muslim communities is worse than the harm of thieves because these guys steal hearts with the clothes they wear, and then are followed by others whom they cause spiritual destruction. Also, when people come to know their shameful acts they associate all Sufis and condemn Sufism altogether! This group claimed that they possess the rank to see the existing unseen, witnessing the truth, reaching many high ranks, they are in connection with heaven, they are present in the divine assembly, and they reach the near station. These people know all this stuff but only in name and so they pick different words and repeat them. And they think that this is the highest of the knowledge of the early generation and those that follow. So if you find one of them, he looks with an eye of disrespect to the jurist, the recitor of Koran, the scholar of Hadith narration, and all other types of scholars, let alone the layman. Sooner enough you find a farmer, who left his post and the tailor, who left his job joining them for a few days, hearing and repeating these false statement as if they were revelation and speaking of secrets. All the while insulting all the worshippers and knowledgeable! These people talk about the worshipper worshipping only for a wage. As for the scholars, they say about them that they are veiled by the Hadith then they claim to themselves that they have reached the Truth and that they are of the near station. They are with Allah hypocrites and impostors. With the people of heart they are considered stupid and ignorant. They neither enforce knowledge nor learn good manners, and they do not prioritize knowledge or watch their heart, they just follow desires and receive regurgitated knowledge. Had they occupied themselves with what is beneficial they would have been better off. (Just like an evangelist liar) Another group went a little ahead of this last group. Their deeds are fine, they seek lawful income and food and they are occupied by examining their heart and cleansing it. But, they started claiming certain ranks of asceticism (material disinterest), reliance on Allah and His Prophet, satisfaction with Allah, and love for Him and His Prophet, without examining the reality of these ranks, its conditions, its science, and its contaminations. Some of them who claim accomplished spiritual status, claim that they love Allah, and that they are befriended by Allah. Indeed they have a falsehood about Allah that is either a bad innovation or clear disbelief! So, they claim to love Allah without knowing Him!? This is absolutely unimaginable! You will find them not parting from what Allah dislikes; in fact they prefer the caprice of their own souls. They leave some matters because they are shy and fearful of the people when they make mistakes. But when in seclusion all alone, they are not shy or fearful enough of Allah to cause them to avoid sin. Do they not understand that this negates the love of Allah and His Prophet? Some of them incline to satisfaction and reliance on Allah, and then try to cross a desert without provision to realize how good they are in terms of reliance. They do not realize that this is bad innovation - not reported via the companions or the first generation who were certainly more knowledgeable of reliance on Allah! They understood reliance is not taking chances with their souls, but rather taking provision. They used to take food and water while relying on Allah and not relying on the provision at hand. These innovators rely on other causes that they trust, and furthermore there is no rank of safety but that it is a deception. Many people have fallen into this. We have mentioned the entry level of contamination in the quarter of Safety from our book, the revitalization of religious sciences (Ihya) Another group tighten themselves regarding provision. They focus on things being purely, extremely halal, but at the same time they neglect the heart and the limbs from the same characteristics of purity they require in their food. Among them are those who use only halal in food, clothing, housing and dives deep into detail but does not know that Allah is not pleased with a worshipper except with perfection and obedience. So whoever follows some and neglects others is in a state of deception. One group claims good manners and etiquette, humility and niceness, meaning to serve the Sufis. So they gather a group of people, make them believe the new group are now Sufi and start serving them too. However this is just a net for what quickly comes and goes in this worldly life. They start collecting money with the only aim of aggregating it and earning peoples respect, though they show only servitude and humility and when doing so say that their aim is to be kind and that their aim is servitude. All the while, they gather the unlawful and the borderline to spend in their enterprise in order that their followers increase and their servitude grows and thereby so does their fame. Among them are those who take the wealth of Sultans to spend on the Sufis. Some take both the governors money and the harmdoers unlawful money to spend it on the path going to hajj for these make-believe Sufis, claiming that their aim is only righteousness and expenditure. The real motive beyond all this is showing off and the love of fame. This is due to the fact that they neglected all the orders of Allah and are satisfied to receive unlawful income and spend it. The example of one who spends bad money in the path of pilgrimage is like he who builds a mosque with filthy mud, claiming that the intention is merely to raise a mosque. The next group is focused on struggling with themselves, upgrading their manners and purifying themselves from all condemnable characteristics, diving deep into detail until they make a science of searching the soul, its bad characteristics and deception. They also took it as their practice. So they are in all their affairs, occupied in avoiding the bad characteristics of the soul by continuously analyzing the delicate details of its condemnation. They say, for example that Self has a bad attribute. Overlooking this bad attribute is a bad attribute in itself. And they continue on a chain of words as such wasting their time because they became busy with themselves instead of being busy with their Creator. Their example is like he who during the time of Hajj became occupied with the time and obstacles and did not follow the path of Hajj. All this occupancy will not suffice for his Hajj. So they are in a state of deception. Another group surpasses the previous one and continues in following landmarks on the path; the doors of knowledge are open to them. When they begin to sniff its knowledge, they marveled about it and became very happy. They were surprised by its uniqueness and their hearts attached to it and they started contemplating it. How come the door opened for them and not for others? This is deception. The wonders of the path of Allah have no end so whoever stands on sign and gets stuck there his steps are going to be limited and he will be deprived of the final goal. The example of these is like one who came to visit a king, then he saw by the gate a small square with a flower garden the likes of he had never seen before. So he stood looking at it until he missed the appointment with the king and so, became a loser. Another group they surpass all those before it. They never looked back to all of what was given to them of lights on the path and all manners of grand gifts. They never stopped and looked at them but were steadfast on the path. When they were near the end, they thought they had arrived and stopped and never pressed forward, so they got mixed up. For Allah the High the Exalted there are 70 barriers of light and darkness and there is no traveler that arrived at any one of these that does not think that he has completely arrived. To this Allah has referenced in Koran concerning Abraham, so when the darkness came to him he saw a planet enter full verses and this is plenty in this affair. The first curtain between the worshipper and his Lord is his self. It is a great divine matter, one of the lights Allah created. I mean by this that it is a secret of the heart in which the reality of the Truth targets as it is. Regarding this Reality, the whole universe and all the images can neither carry it nor encompass it. There, the light shines greatly and brightly in the heart, where all existence appears as it truly is. In the beginning of this matter it was covered by mishkah (light tube) which was a curtain for it. Allah is the Lighter of the heavens and the earth. The example of His Light is like a tube, in which there is a wick. The wick is in a lamp and the lamp is as a glittering planet kindled from a Blessed Tree, an olive that is neither of the East nor of the 24:35 So when the light became clear and the beauty of the heart was revealed, after the Light of Allah has shone in it, the person of that heart sometimes observes the marvelous beauty in a way that astonishes him/her. Maybe he expresses himself by saying I am the Truth. If it is not made clear to him what is beyond this state and he just stays there, he will be destroyed. In the same way, the Christians (Nazarenes) looked at Jesus, son of Mary peace upon them. When they saw the light of Jesus (which was shun in him by Allah), they mistook him. Just as he who saw a planet in a mirror or in the water and thought it was physically inside the mirror or the water, so he extended his hand, trying to reach it. So as such he is deceived. The types of deception in the path of the traveler to Allah cannot be counted in numerous volumes and cannot be comprehensively covered unless all the hidden knowledge was explained, and this is not permitted. However, perhaps it is permissible to reveal it lest a deceived person should fall into it. My success was by Allah, He suffices me and He is the Best to rely upon. There is no movement nor power except by Allah the High the Great. Indeed Allah praises our master Muhammad, all of his family and all of his companions. Amen. *BOOK SECOND DELUSIONS 3-2. Delusions Ways and Means by Ibn Qudama (Delusions) CONTENTS 3.1.0 Those deluded by this world, the forgiveness of Allah 3.1.2 Those deluded by the forgiveness of Allah 3.1.2 Those deluded by their works 3.2.0 The delusions of Islamic scholars 3.2.0 Those remiss in outward conduct 3.2.2 Those who neglect their inward faults 3.2.4 Proponents and opponents of dogmatic theology 3.2.5 Sermonizers 3.2.6 Learning Prophetic quotations (Ahadiths) to promote ones reputation 3.2.7 Arabists 3.2.6 When the real aim is to learn sake of reputation 3.3.0 Delusions of worshippers 3.3.2 Those plagued by inner uncertainties 3.3.4 Delusions in various kinds of worship 3.3.4 Koran recital 3.3.5 Fasting 3.3.6 Pilgrimage 3.3.7 Commanding the right and forbidding the wrong 3.3.8 Leading the prayer 3.3.9 Abstaining from this world 3.3.10 Voluntary works 3.3.11 Learning to avoid the dangers of ostentation, Etc. 3.4.0 Delusions of would-be Sufis 3.4.1 External pretenders 3.4.2 Memorizers of terminology 3.4.3 Those Above the Sacred Law (Ibahiyyun) 3.4.4 Words of Sufis on being above the Law 3.4.5 Junayd 3.4.6 Ghazali 3.4.7 Muhyiddin ibn al-`Arabi 3.4.8 Ahmad al- `Alawi 3.4.9 `Abd al-karim Jili 3.4.10 Reasons for the delusion 3.4.11 Stopping at the first traces of gnosis 3.5.0 Delusions of the wealthy 3.5.1 Writing names on mosques etc. 3.5.2 Personal devotions without spending for Allah 3.5.3 Manipulating others with the obligatory charity 3.5.4 Listening to exhortations without heeding them 3.6.0 Remedying delusions 3.6.1 Everlasting life depends on correcting the heart 3.6.1 Ridding oneself of delusions *Chapter 3.1.0: Those deluded by this world, the forgiveness of Allah 3.1.1 (Ibn Qudama Maqdisi (dis: 11.0.1) :) There are people misled by this world, saying, Cash is better than credit, this world is cash while the next world is credit. This is a point of deception, for cash cannot be better than credit unless the amount of each is equal. A person's life, when compared to the Everlasting life, obviously does not amount to even a thousandth part before he breathes his last, therefore someone who says cash is better than credit means provided the credit is equal to the cash. And this is the delusion of unbelievers. As for those immersed by sin while their faith in eternal truths remains sound, they share this delusion with unbelievers, by preferring this present life to the Everlasting life, but their lot is easier than the unbelievers' in that their basic faith will keep them from unending punishment. 3.1.2 Those deluded by the forgiveness of Allah Other sinners delude themselves by saying, Allah is generous, we rely on His forgiveness, while the scholars of Islam tell us that if one longs for something then one pursues it, and if one fears something one shuns it. Whosoever hopes for forgiveness while persisting in wrongdoing is deluded. One must know that Allah, the Most High with His vast mercy, is terrible in retribution, having decreed that unbelievers shall abide in Hell forever (dis: w-55) even though their unbelief does not hurt Him in the slightest. He has made some of His worshippers prey to infirmities and trials in this world, though He, Glorious and Exalted, is quite able to eliminate them. Moreover, He has made us fear His punishment. How can we not be afraid? Fear and hope drive and arouse one to action. That which does not spur one to good deeds is deception, as is clear from the fact that the hope of most people make them do nothing at all, or prefer disobedience. It is odd that early Muslims both worked and feared, while nowadays, though falling far short, people feel secure and tranquil as though they know more about the generosity of Allah, the Most High than the prophets and the righteous. If it could be attained by wishing, why did the latter tire themselves and weep so much? Does Allah condemn the Jews and Christians (Nazarenes) for anything besides being this way when He says, Then others succeeded them who inherited the Book and availed themselves of the vanities of this lower world, saying, It will be forgiven us. (Koran 7.169). This delusion resembles that of people who do both good and evil, but more of evil, while imagining their good to be greater. One might see them give a dollar as charity while having wrongfully appropriated many times that amount, or maybe even giving as charity something wrongfully acquired, relying on such a donation. Such is like someone putting a dollar in one scale-pan, a thousand in the other, and hoping the scale will balance. Or another of them who thinks his good acts are more than his evil ones, the reason for which is that he keeps track of the number of good deeds, but does not take himself to task for the bad ones, nor yet considers his sins. For example, he says, Astaghfir Allah (may Allah forgive me) and Subhan Allah (Exalted is Allah) a hundred times a day, but then spends the rest of his day slandering Muslims and making ugly remarks, seeing the virtue of saying Subhan Allah and Astighfir Allah, but not the punishment for slander forbidden speech. 3.1.3 Delusions generally occur among four kinds of people, Islamic scholars, worshippers, would-be Sufis, and the wealthy. *Chapter 3.2.0: The delusions of Islamic scholars 3.2.1 Those remiss in outward conduct As for religious Islamic scholars, some master the legal and rational sciences but neglect to examine their outward habits and practices, not keeping their external self from sin or making it faithful in obedience. They are deluded by their learning and feel sure they rate high with Allah. If they were to look with the eye of insight, they would see that the whole point of knowing about religious practice is to apply it. Without good deeds, it is useless. Allah, the Most High says, prosperous is he who purified it (Koran 91.9), not, he who knows how to purify it is prosperous. If the devil reminds such a person of the virtues of learned people, let the person, for his part, remember what has reached us about corrupt scholars, such as the saying of Allah, ... is like that of a donkey carrying books (Koran 62.5). 3.2.2 Those who neglect their inward faults Others master Islamic religious learning and its outward performance, but do not examine their hearts to eliminate the blameworthy traits therein such as pride, envy, ostentation, and seeking exaltation or fame. These have made their exterior seemly while neglecting their interior, forgetting the words of the Prophet - may Allah venerate him and give him peace , Allah does not look at your appearance or property, but only at your hearts and deeds. Such people apply themselves to deeds but do not apply themselves to hearts, though the heart is the real foundation, since no one is saved, except he who comes before Allah with a pure heart (Koran 26.89). They resemble someone who sows grain that sprouts with weeds choking it, but when ordered to weed it, just trims away the weeds, twigs and stems and neglect their roots, which take a stronger hold. Another segment of scholars know that these inner qualities are condemnable, but out of self satisfaction, feel they are above them, and that they are too good, as far as Allah is concerned, for Him to afflict them with such traits, and that only common people have them and not people at their own level of learning. When symptoms of arrogance or avidness for leadership appear is such people, one of them may say, This is not arrogance, rather, it is only seeking to exalt Islam, display the nobility of religious learning, and to spite those given to reprehensible innovations. Were I to wear clothes less fine or sit with a lower class of people, the enemies of religion would smirk, and gloat at my humiliation, which amounts to humiliating Islam. Such a person has forgotten delusion, and that it is satan, the stoned and cursed, who has seduced him with this concept, and that his arrogant or avid characteristic is in distinct opposition to the humility of the Prophet - may Allah venerate him and give him peace - and his companions who were humble in manner, and preferred the way of poverty and lowliness. Still other scholars have acquired religious knowledge, purified their exterior actions, making them seemly with obedience, and examined their hearts, purifying them from ostentation, envy, pride, and the like, and yet there remain snares of the devil and the tricks of the ego hidden in the recesses of their hearts which they have failed to notice and thus neglected. You might see one of them spending the night and day in learning various religious sciences, organizing them and polishing up their terminology, such a person thinking his motive is the desire to manifest the religion of Allah, the Most High, while the real motive might be to make a name for himself and enhance his prestige. Perhaps too, his published work is not entirely free of self-praise, whether overtly, by wide, sweeping claims, or covertly, by attacks on others, to show by attacking them that he is better than they are and more knowledgeable. Such kinds of behavior, and those similar, are hidden faults which few discern but the wisest and strongest. Those as weak as we are have little hope of doing so, but at least a person should be aware of his own defects and wish they were corrected. There is hope for someone whose good acts make him happy and wicked ones make him sad, unlike someone who applauds himself and thinks himself the best of men. 3.2.3 The above are the delusions of those who master important branches of Sacred Knowledge. How then for those who content themselves with studying fields not essential to them, neglecting those that are important? 3.2.4 Proponents and Opponents of Dogmatic Theology Among them are those who busy themselves with theological debate against heretical beliefs, and refuting the unorthodox. Scholars engaged in this are of two types, those in the wrong and those in the right, the former advocating something other than the Prophetic practice, the latter advocating the Prophetic practice - both are deluded. The misguidedness of those in the wrong is obvious since they have left the Koran and Prophetic practice which are Divinely protected. As for those in the right, their delusion is in believing that arguing is the most important activity and greatest spiritual work in the religion of Allah, the Most High. They maintain that one's religion is not complete until one has made lengthy investigations into one's beliefs, and that someone who simply believes in Allah and His Messenger - may Allah venerate him and give him peace - without preparing a case for it is deficient in faith. Because of this mistaken presumption, they spend their lives learning how to dispute, conducting in-depth studies of statements of theological controversies until their spiritual insight eventually goes blind. They do not pause to consider that the early Muslims, whom the Prophet - may Allah venerate him and give him peace - testified were the very best of mankind, and who lived to see many a reprehensible innovation (bid'a) and deviant belief, did not expose themselves and their religion to quarrels and disputation, or busy themselves therein at the expense of their hearts and works. They did not talk about it at all, except under necessity to refute misguidance. If they saw someone persisting in blameworthy innovation, they had nothing more to do with him, without further debate or argument. The Prophetic quotation (Ahadith) has reached us, No people went astray after having been guided except that they were afflicted with arguing. 3.2.5 Sermonizers people call to Allah while they themselves flee from Him Others spend their time in delivering sermons (homilies) to people, the highest class of whom speak about traits of the self and qualities of the heart such as fear, hope, patience, gratitude, reliance on Allah, abstinence, certainty, and sincerity, thinking that by just speaking of them, even if they do not have them, they acquire them. Such people call to Allah while they themselves flee from Him. They are among the most deluded. And some of them turn from the correct way of exhorting others by relating baseless tales, adding words that are neither acceptable to Sacred Law nor to human intelligence, in an attempt to say something novel. 3.2.6 Learning Prophetic quotations (Ahadiths) to promote ones reputation Others spend their time in listening to Prophetic quotations (Ahadiths), gathering variants and rare chains of transmission or chains remarkable for having come through but a few transmitters of advanced years. The concern of one of them is to go from city to city, seeing shaykhs in order to drop names, saying, I relate from so-and-so, I've met so-and-so, or I know chains of transmission no one else does. 3.2.7 Arabists Others devote their time to advanced studies in Arabic grammar, lexicography, and poetry, claiming they are the scholars of the Islamic community, dissipating their lives in subtleties of grammar and diction. If they stopped to think, they would realize that someone who wastes his lifetime in the knowledge of the language of the Arabs is like someone who wastes it in knowledge of the language of the Turks. Arabic is only distinguished above the latter in that the Sacred Law has come in it. As for lexicology, there are only two areas in which it is necessary for one to gain an understanding of rare words: those of the Koran, and those of the Prophetic quotations (Ahadiths). As for grammar, one but needs enough to use the language properly. 3.2.8 The really fortunate person is he who takes of each thing the amount that is critical to him and then goes on to apply it, putting his effort behind it and purifying if of imperfection. And this is the real aim. *Chapter 3.3.0: The delusions of worshippers 3.3.1 Worshippers are of various types, including those remiss about obligatory acts while engaging in extra devotions and Voluntary works. 3.3.2 Sometimes they are so worried about using water for purification that it reaches the level of obsessive doubt (waswasa) about the validity of their ablution. You might see one of them unsatisfied with water the Sacred Law deems fit for ablution, imagining remote possibilities that it could be affected with something unclean, while not having such concern for the lawfulness of the source of the food he eats. Were he to reverse these two, applying the care he takes for the water instead to his food, he would be closer to the practice of the early Muslims. `Umar (may Allah be pleased with him) performed ablution from the water jug of a Christian despite the possibility that it might well be unclean, while he used to refrain from many kinds of permissible things for fear of falling into the unlawful. 3.3.3 Others are so bedeviled by inner misgivings at their initial statement of Allahu Akbar in the prayer that they may miss a unit of prayer with the imam. And like them are those with obsessive doubts about the proper pronunciation of the letters of the Fatiha and other spoken elements of the prayer. One of them may take precaution upon precaution in doubling the doubled letters, distinguishing from and so forth, beyond the necessary, until he is finally so concerned about it that he does not think about anything else. He neglects the meaning of the Koran and the lessons he should be taking from it. And this is among the ugliest forms of delusion, for people are not required to pronounce the letters when reciting the Koran with more precision than that with which classical Arabic is normally spoken. Such people are as if delivering a message to a ruler, the messenger fastidiously pronouncing each letter and repeating those he is unsatisfied with, having quite forgotten the purpose of the message and the dignity of the assembly before whom he is delivering it. How richly such a person deserves to be thrown out and taught a lesson. 3.3.4 A third group is deluded by reciting the Koran, which they rush through, perhaps finishing twice a day, the tongue of one of them being occupied therein while his heart is wandering through the valleys of daydream, not reflecting on its meanings, heeding its exhortations, or obeying its ordinances and prohibitions. Such a person is misled, believing the Koran is only intended for reciting. He is like someone to whom his master has written a letter charging him with certain matters and forbidding him others, while the servant does no bother to understand it or carry it out but simply memorizes it and repeats it, thinking that this is the intention of it, while violating the master's commands and prohibitions. Others relish the sound of their own voice in reciting the Koran, disregarding its significance. One should examine one's heart as to whether one is enjoying the meter, the sound, or the meaning although it is not blame worthy to enjoy the meter or sound, unless one is unconcerned with the meaning. 3.3.5 Others are deceived by fasting, and frequently practice it, but do not restrain their tongue from slander and useless words, do not keep their belly from ill-gotten or unlawful food with which to break their fast, nor free their heart from ostentation. 3.3.6 Others are deluded by going on pilgrimage, departing for it without restoring the rights of people they have wronged (dis: 10.77.3), meeting their financial obligations, asking the permission of their parents, or obtaining lawfully gotten provision. And this may be after having fulfilled the obligatory pilgrimage, while they neglect obligatory acts of worship enroute, are unable to purify their garments and person, and do not refrain from illegal sex or getting into arguments, despite which, they think all is well with them, and are thereby being self-deceived. 3.3.7 Others command the right and forbid the wrong, while forgetting themselves. 3.3.8 Others include the imam who leads the group prayer at the mosque, but when someone more pious or knowledgeable is allowed to lead in his stead, it weighs heavily on him. Or the muezzin who calls to the prayer, believing he is doing it for the sake of Allah, but when someone else gives the call in his absence, it annoys him and says, He has infringed on my position. 3.3.9 Others avoid material possessions, content with poor clothes and food and with living in mosques, thinking that they have reached the rank of the abstinent (zuhhad), while they are avid for leadership and prestige. In fact, they have given up the lesser of two matters while getting involved in the more deadly. 3.3.10 Still others enthusiastically perform voluntary acts while not being concerned for that which is obligatory. You may see one of them savoring the midmorning or night vigil prayer, but finding no satisfaction in the prescribed prayer, nor hastening to pray it at the first of its time. Such a person has forgotten the Prophet's words - may Allah venerate him and give him peace - relating that Allah, the Mighty and Majestic said, Those near to Me do not approach Me with anything like that which I have made obligatory upon them. 3.3.11 There is no spiritual labor without its dangers, and those who do not know them fall prey to them. Whosoever wishes to learn them should study the dangers of ostentation that exist in acts of worship, from fasting and prayer to all the rest, in the chapters set forth in this book (i.e. Ibn Qudama's source here, Ghazali's Ihya' `ulum aldin). *Chapter 3.4.0: The delusions of would-be Sufis 3.4.1 The deluded among them are of various types. Some are deluded by the dress, terminology, or demeanor of the Sufis. They imitate the sincere Sufis (dis: w-9) externally, but do not tax themselves with spiritual struggle or self-discipline. Rather, they pounce upon and quarrel over wealth that is unlawful, doubtful, or from rulers (dis: 10.32.3), rending each other's honor whenever they are at cross-purposes. The delusion of these is obvious. They are like an old woman that hears that the names of courageous, valiant soldiers are inscribed in the official roster and they are given whole tracts of land. Feeling a longing within herself, she puts on a coat of chain mail and helmet, learns a few heroic stanzas and the details of their apparel and characteristics, and then sets out for the camp. Her name is duly entered in the lists, but when she reports for inspection, she is ordered to take off the helmet and armor to see what is underneath, and to be tried in combat. When she complies, it turns out that she is a feeble old woman, and she is told, "You only came to mock the king and his court! Take her away and throw her under the elephant's feet. And she is flung under it to be trampled. Thus will be the state of pretenders to Sufism on the Day of Judgement, when they stand revealed and are brought before the Supreme Judge, who looks at hearts, not patched clothes or Sufi dress. 3.4.2 Others claim to have attained to knowledge and contemplative knowledge of the Divine, and to have passed through spiritual stations and states, and to have reached nearness to Allah, while they know nothing of any of this except the words. You might see one of them reiterating these terms, thinking it above the combined learning of the first and last, and looking with condescension upon the scholars of Sacred Law, Prophetic quotations (Ahadiths), and other disciplines, to say nothing of ordinary Muslims. Sometimes, a common person will keep their company for many days, picking up these artificial phrases and parroting them as if he were speaking Divine revelation, with sneering contempt for scholars and worshipers, saying that they are veiled from Allah while he has attained to the truth, and that he is one of those brought near to Allah, while Allah considers him a debauched hypocrite, and the transformed ones know him to be an ignorant fool who has not acquired sound knowledge, perfected his character, or kept watch over his heart, but merely pursued his own fancy and memorized a lot of gibberish. 3.4.3 Others roll up and put away the carpet of the Sacred Law, rejecting its rulings and considering the unlawful and the lawful to be equal, saying, Allah does not need my deeds, so why should I bother? One of them may say, Outward devotions have no value, it is only hearts that mean anything. Our hearts are aflame with the love of Allah, the Most High, and we have attained to the knowledge of Him. If we are bodily immersed in this world, yet our hearts are in worshipful seclusion in the presence of the Divine. Outwardly we may give in to our desires, but not in our hearts. They claim to have surpassed the rank of the common people, beyond the need to school the lower self with physical devotions, and that gratifying bodily lusts does not divert them from the path of Allah, the Most High because of their firmness therein. They exalt themselves above the level of the prophets, peace be upon them, who used to weep for years over a single mistake. 3.4.4 As no age is without pretenders to Sufism, the following texts will hopefully be useful in letting some principal Sufis describe in their own words the delusions of those who consider themselves above the Sacred Law. 3.4.5 Ibn `Ajiba reported that someone said to Junayd, There is a group claiming they have arrived at state in which legal responsibility no longer applies to them. They have arrived, he replied, but to Hell. (Iqaz al-himam fi sharh al-Hikam (y-54), 210). Ghazali said that when anyone claims that he has reached a state between himself and Allah that relieves him of the necessity to obey the Sacred Law, and that such things as prayer, fasting and so forth are no longer obligatory to him, or that drinking wine and taking other peoples money is permissible for him, as do some pretenders to Sufism namely those claiming they are above the Sacred Law (ibahiyyun) are subject to the ruling applied to apostates. (Hashiya at-Shaykh Ibrahim at-Bajuri (y-5), 2.267). 3.4.6 Muhyiddin ibn al-Arabi said that when we see someone in this community who claims to be able to guide others to Allah, but is remiss in but one rule of the Sacred Law - even if he manifests miracles that stagger the mind - asserting that his shortcoming is a special dispensation for him, we do not even turn to look at him, for such a person is not a shaykh, nor is he speaking the truth, for no one is entrusted with the secrets of Allah, the Most High except one in whom the ordinances of the Sacred Law are preserved (Jami' karamat al-awliya' (y-95), 1.3). 3.4.7 Shaykh Ahmad al-`Alawi said that the friend of Allah (wali) is not divinely protected from error, for which reason he is to be feared for and his word is not be relied upon when it exceeds what has been conveyed by the Prophetic practice concerning matters of the Everlasting Life. This is because he is suspended from making any new provisions in the Sacred Law, and in respect to the prophets, peace be upon them, he is not a guide. He is entitled to believe only that which the Lawgiver has informed. This day I have perfected your religion for you and completed My favor to you. I have approved Islam to be your religion (Koran 5.3). The gnostic in the first of his states is strongly affected by the initial impact, and will sometimes try to take on a discussion of the affairs of the Everlasting Life, as opposed to the final state, in which he may be so at rest that an unknowing observer might assume its strength has waned, though this is the result of this perfection and firmness in his station. It has been said that the way begins in madness, proceeds to arts, and ends in quietude. So whenever one's rapture subsides, there is an obligation to return to what the Lawgiver has stated, without personal figurative interpretations. This is why our author says, Faith is incisive, meaning that one cuts the self short whenever it wants eminence and elevation. The gnostic's spiritual will, exalted above all else, must carry him beyond what we have just mentioned. For he is outside our phenomenal frame of reference and all it contains, and whenever he wants to speak about things relating to the Everlasting life his words are high, unintelligible, and a source of trouble to both those who believe him and those who do not. This is why he is forbidden speech about it, and as much as he increasingly foregoes it, he increases in nearness to Allah and in safety. Sufis call this station subsistence (baqa'). Before a disciple is firmly established therein, it is to be feared that he will be overtaken by misfortune because of his lack of a foothold in the state of subsistence, a juncture that has been called from annihilation to subsistence, or annihilation to perdition (al-Minah al-quddusiyya fi sharh al-Murshid al-mu`in bi tariq al Sufiyya (y-8), 67-68). 3.4.8 `Abd al-Karim Jili said, My brother, may Allah have mercy on you, I have traveled to the remotest cities and dealt with all types of people, but never has my eye seen, nor ear heard of, nor is there any uglier or farther from the presence of Allah, the Most High than a certain group who pretend they are accomplished Sufis, claiming for themselves a lineal spiritual tradition from the perfected ones and appearing in their guise. Such Sufi pretenders do not believe in Allah, His Messengers, or the Last Day, and do not comply with the responsibilities of the Sacred Law, depicting the states of the prophets and their messages in a manner that no one with a particle of faith in his heart can accept, let alone someone who has reached the level of those to whom the unseen is disclosed and who have gnostic insight. We have seen a great number of their luminaries in cities in Azerbaijan, Shirwan, Jilan, and Khurasan, may Allah curse them all. (Idah al-maqsud min wahdat al-wujud (Y-98), 17-18). 3.4.9 The delusions of those who consider themselves above the Sacred Law are beyond number, all of it is mistakes and inner suggestions with which the devil has tricked them because of their having taken up the spiritual struggle before they mastered the rules of the Sacred Law, and did not connect themselves with a shaykh of learning and religion worthy of being followed (dis:w-9.9-9). 3.4.10 Other students of Sufism proceed on the right path, engage in spiritual struggle, begin to actually travel in the way, and the door of knowledge, contemplative knowledge of the Divine, opens to them. But when they sniff the first traces of this knowledge, it surprises them and they exult in it and are pleased by the strangeness of it, until their hearts become fettered with turning to it and thinking about it, and how it was disclosed to them but not others. All of this is delusion, for the wonders met with in the path of Allah, the Glorious and Exalted are endless. If one stops with a particular marvel and becomes enamored with it, one's progress falters and one fails to reach the goal. Such a person is like someone going to see a king, who notices a garden at the palace gate with flowers in it, the like of which he has never seen, and who stops to look at them until there is no longer time to meet the king. *Chapter 3.5.0: The delusions of the wealthy 3.5.1 The deluded among the wealthy are of various types. Some eagerly build mosques, schools, hospices, aqueducts, whatever people can see, and write their names upon them to perpetuate their memory and keep it alive after their death. However, if one of them were called upon to spend a single dollar on something that did not have his name on it, it would be a burden for him. If his giving had been to please Allah then the giving of a single dollar would not have been a burden upon him because Allah is looking at him no matter whether he is writing his name or not. Others spend money, embellishing mosques with ornamentation and bas-reliefs, which are prohibited by Sacred Law and distract people from their prayer. The aim in prayer is humble awe and an attentive heart, and this ornamentation spoils the hearts of those praying. If the money spent on such things has been gained or earned from an unlawful source then the delusion is even greater. Malik ibn Dinar, may Allah have mercy on him, said, A man came to a mosque but stopped at its entrance saying, Someone like me does not enter a house of Allah' for this he was raised to the rank of those with perfect faith (siddiq). This is an example of how we should revere mosques, seeing the mosques as being defiled by our entering them in our wretched condition. Likewise the defilement of the unlawful embellishment of mosques can be compared to trying to compete with Allah, the Most High. The delusion of someone who does this is in thinking the wrong to be right. 3.5.2 Others protect their money, holding fast to it with the tight fist of greed, and then occupy themselves with bodily acts of worship that do not cost much, such as fasting, prayer, or reciting the Koran in its entirety. They are deluded, for miserliness is deadly (dis: 10.75.25) and has consumed their heart. Such people need to rid themselves of if by spending of their wealth, but are too busy with Voluntary works to do so. They are like someone who, when a snake has entered his clothes, engages himself in making a syrup of vinegar and honey to reduce his bile. 3.5.3 There are others whose selfishness will not let them give anything except the obligatory charity. One of them may pay out the worst property he has, or give it to poor people who are of some use to him, vacillating between which of his ulterior motives can best be served. Or, as those for whom he may have a use in the future, or is good for something in particular. Another may deliver his obligatory charity to a prominent public figure so he will consider him to be someone and later fulfill his needs. All of this invalidates the intention, the person who engages in such is deluded by wanting recompense from others for worshiping Allah, the Most High. 3.5.4 Some wealthy people and others are deluded by frequenting circles of Thikr (remembrance of Allah), thinking that by just attending them will take the place of works and admonition. This is not so, for circles of the remembrance of Allah are only commendable in that they motivate one to do good. Anything that is a means to something else is pointless if it does not achieve it. When one of them hears something that creates fear of Divine punishment, he says nothing more than, O Protector, keep us safe,' or I take refuge in Allah, thinking he has done all that is necessary. He is like a sick person who comes to a group of doctors to hear what is happening. Or a hungry person who visits someone who can describe delicious food to him, and then leaves. It does not do him much good. And likewise with hearing acts of obedience described without applying them. Every admonition that does not change something within one that affects one's actions is a case against oneself. *Chapter 3.6.0: Remedying delusions 3.6.1 If an objection is raised that I have not mentioned a single action free of delusion, the reply is that the matter of the Everlasting Life hinges upon one thing alone and that is straightening out one's heart. No one is incapable of doing this except someone whose intention is insincere. If a person were as concerned about the Everlasting Life as this one, he would certainly achieve it. The early Muslims did straightened their hearts, as did those who have followed them in their excellence. Three things can be used to help rid oneself of delusions: 1. intelligence, the real light by which a person sees things as they are; 2. knowledge, through which a person knows himself, his Lord, his worldly life, and the Everlasting life; 3. and learning, by which we mean, learning how to travel on the highway to Allah, the Most High, the pitfalls therein, and learning what will bring one nearer and guide one, all of which may be found in this book (dis: 3.3.11 ). When a person has done all this, he should be wary lest the devil beguiles him and makes him desirous for leadership, or lest he feel secure from the devising of Allah (10.66). Fear should never be absent from the hearts of the friends (awliya') of Allah. We ask Allah to protect us from delusion and that we may end our lives well. Truly, He is near and answers supplications. (Mukhtasar Minhaj al-qasidin (y-62), 237-50). *BOOK 4: HOLDING ONE'S TONGUE BY NAWAWI CONTENTS 4.0.0 Introduction 4.1.0 The importance of holding one's tongue 4.1.1 One should not speak until the advantage is plain 4.1.2 Prophetic sayings relating to speech 4.2.0 Slander (Ghiba) 4.2.2 Meaning of slander 4.2.2 Examples 4.2.3 Meaning of talebearing (Namima) 4.2.4 Evidence that slander and talebearing are unlawful 4.2.5 Koranic verses regarding slander 4.2.6 Prophetic quotations on slander 4.2.7 Mimicking another's idiosyncrasies 4.2.8 Slander in publications 4.2.9 Slander by allusion and innuendo 4.2.10 Criterion for slander 4.2.11 Listening to slander 4.2.12 Slanderous remarks in a gathering 4.2.14 Slandering another in one's heart 4.2.14 Passing thoughts of unbelief, slander, etc. 4.2.16 Six reasons permitting slander 4.2.17 Redressing grievances 4.2.18 Eliminating wrongdoing 4.2.19 Asking for a legal opinion 4.2.20 Warning Muslims of evil 4.2.20(1) Impugning unreliable Prophetic quotations (Ahadith) transmitters, etc. 4.2.20(2) Advice about marrying someone 4.2.20(2) Warning a student about a teacher 4.2.20(4) A person mismanaging a position of responsibility 4.2.21 Those unconcerned with concealing their disobedience 4.2.22 Identifying someone by their nickname 4.3.0 Gossip, talebearing (Namima) 4.3.1 Reality of talebearing, gossiping 4.3.1(1) Six obligatory steps with talebearers 4.4.0 Saying "The people have gone to ruin" 4.5.0 Informing on another 4.6.0 Two people whispering so that a third cannot hear 4.6.4 Prohibition of listening to others, etc. 4.7.0 Giving guidance to someone that wants to do wrong 4.7.1(1) Examples 4.8.0 Lying 4.8.1 Unlawful 4.8.2 Permissible lying 4.8.2 Between husband and wife, etc. 4.8.2 In circumventing those forbidding the permissible 4.8.2 Obligatory lying 4.8.3 Meaning of lying 4.9.0 Exaggeration 4.9.1 "I've told you a hundred times," etc. 4.10.0 Giving a misleading impression 4.10.1 An alternative to lying 4.10.2 Example 4.11.0 Verifying one's words before speaking 4.12.0 Speaking of taxes as "the ruler's right" 4.13.0 Conversing about what is useless or immoral 4.13.1 Conversing about disobedience is disobedience 4.13.2 Speaking about that which is of no concern to ones self 4.13.3 Being succinct 4.14.0 Explaining the Koran by personal opinion 4.14.2 Conditions for permissibility 4.14.3 Explaining Prophetic quotations (Ahadiths), etc. 4.15.0 Asking about the nature of Allah, the Most High 4.16.0 Hypocrisy 4.16.1 Hypocrisy in belief versus actions 4.16.2 Assuaging those from whom one apprehends harm 4.17.0 Compromising one's principles 4.18.0 Ridicule and sarcasm 4.19.0 Joking 4.19.2 Excessive joking is blameworthy 4.20.0 Picking apart another's words 4.20.1 Not criticizing errors when religiously unimportant 4.20.2 Giving a positive interpretation to seeming mistakes 4.20.3 Reading books above ones capacity to understand 4.21.0 Learned disputation 4.22.0 Arguing 4.23.0 Asking about another's mistakes 4.24.0 Searching out a person's faults 4.25.0 Displaying satisfaction at a Muslim's troubles 4.26.0 Obscenity 4.26.2 Allusions should be used instead 4.27.0 Severity in speech and harshness 4.28.0 Frightening or coercing a believer 4.29.0 Rejecting a brother's excuse 4.30.0 Driving away the poor, the weak, the orphan, or the beggar 4.31.0 Disregarding ones father or mother 4.32.0 Circumstances in which conversation is offensive 4.32.1 Interrupting oneself or others 4.32.2 Disrespect to those in authority 4.32.3 Talking about worldly matters in a mosque 4.32.4 Speaking during the Friday sermon 4.32.5 Speaking when the Koran is being recited 4.32.6 Speaking to a member of the opposite sex without need 4.32.7 Speaking when lovemaking or in the lavatory 4.32.8 Speaking after dawn before the prayer 4.32.9 Speaking after the night prayer (`Isha). 4.33.0 People to whom it is offensive to greet with Salams 4.33.2 Responding to Salams 4.33.2 Greeting non-Muslims 4.34.0 Boasting 4.35.0 Revealing one's sins to others 4.36.0 Revealing a secret 4.36.2(1) Concealing something unlawful 4.37.0 Alienating the members of a persons family 4.38.0 Cursing 4.38.2 Cursing the disobedient without identification 4.39.0 Begging 4.39.1 Unlawful 4.39.1 Conditions for permissibility 4.40.0 Music, song, and dance 4.40.1 Musical instruments 4.40.3 Singing unaccompanied by musical instruments 4.40.3 Poetry 4.40.4 Dancing *Chapter 4.0.0: Introduction 4.0.1 Al-AThkar al-muntakhaba minkalam Sayyid al-Abrar and from Al-Durar al-mubaha fi al-hazr wa al-ibaha, a reference on the lawful and unlawful by the Hanafi scholar Khalil Nahlawi. 4.0.2 Grand Shaykh Imam Nawawi said, Previously I discussed that which Allah, the Most Glorious and Exalted has facilitated in regard to the recommended rememberance (Thikr). In order that the book might fully encompass the rulings on the words and explain their category, which is necessary for every religious person to know, I wish to shed light upon expressions which are either offensive or unlawful. (al-AThkar (y-102), 450). *Chapter 4.1.0: The importance of holding ones tongue 4.1.1 Grand Shaykh Imam Nawawi said, Every legally responsible person should refrain from unnecessary speech, and should speak for a clear purpose. In circumstances in which speaking or not speaking are of equal benefit, it is Prophetic practice to remain silent. The reason for this is that most of the time, permissible speech easily leads to that which is unlawful or offensive, and there is no substitute for safety. The Prophet - may Allah praise and venerate him, and grant him peace said, Whosoever believes in Allah and the Last Day, let him say what is good or remain silent." This Prophetic quotation (Ahadith), is an explicit, legal text that indicates a person should not speak unless what he intends to say is good, meaning that the benefit of it is apparent to him. Whenever one doubts that there is a clear advantage to speak, one should not speak. Imam Shafi'i (may Allah have mercy on him) said, "When one wishes to speak, one must first reflect, and if there is a clear interest to be served by speaking, one speaks, while if one is doubtful one should remain silent until the advantage becomes apparent." 4.1.2 Prophetic quotations relating to speech "O Messenger of Allah, which Muslims are the best?" He replied, He from whom Muslims are safe by his tongue and hand. 2. "When a worshipper unthinkingly says something pleasing to Allah, the Most High, He raises him rank. When worshipper unthinkingly says something detested by Allah, the Most High he is plunged into Hell. 3. "The excellence of a person's Islam includes leaving what does not concern him [def: w-54]." 4. "Do not say very much without mentioning Allah (Thikr), because too much speech without mentioning Allah hardens the heart, and the hard-hearted are the farthest of all people from Allah, the Most High." 5. "All the words of a human being count against him and are not for him except commanding what is right and forbidding what is wrong, and mentioning the Name of Allah, the Most High (Thikr). 4.1.3 The master Abul Qasim Qushayri (may Allah have mercy of him) said, "Safety lies in remaining silent, and this should be ones basis. Silence at the appropriate time is the mark of men, just as speech at the appropriate time is one of the finest qualities. I heard Abu 'Ali Daqqaq (may Allah be pleased with him) say, 'He who is silent when something should be said is a tongueless villain'"(ibid., 450-55). *Chapter 4.2.0: Slander (Ghiba) 4.2.1 Grand Shaykh Imam Nawawi said, Slander and talebearing are two of the ugliest and most frequently met with qualities among men. Very few people are safe from them. I begin with them because of the great need to warn people. 4.2.2 Slander Slander (ghiba) means to mention anything concerning a person that he would dislike, whether it might be about his body, religion, everyday life, self, disposition, property, son, parents, wife, servant, turban, garment, gait, movements, smiling, dissoluteness, frowning, cheerfulness, or anything else connected with him. Mention means by word, writing, sign, or indicating him with one's eye, hand, head, and so forth. Body refers to saying such things as that someone is blind, lame, bleary-eyed, bald, short, tall, dark, or pale. Religion includes such sayings that he is corrupt, a thief, cannot be trusted, is a tyrant, does not care about the prayer, is not mindful to avoid filth, does not honor his parents, does not give the obligatory charity to the designated recipients, or does not avoid slandering others. Everyday life includes saying that his manners are poor, he does not care about others, does not think he owes anyone anything, that he talks, eats, or sleeps too much, or sleeps or sits when he should not. Parents refers to saying such things as that his father or mother is corrupt, or by saying in a derogatory manner that his father/mother is an Indian, African, a Nabatean, cobbler, draper, carpenter, blacksmith, or a weaver. Disposition includes saying that he has bad character, is arrogant, a show-off, overhasty, domineering, incapable, fainthearted, irresponsible, gloomy, dissolute, and so forth. Clothing means saying such things like his sleeves are too loose, his garment hangs too low, is dirty, or the like. Other remarks can be judged by the above examples. The determining factor is mentioning something about a person that he would not like. 4.2.3 Talebearing As for talebearing (namima), it consists of quoting someone's words to another in a way that worsens the relationship between them. 4.2.4 Evidence that slander and talebearing are unlawful The above defines slander and talebearing. The ruling of the consensus (def:7.7) of Muslims is that they are unlawful. There is much explicit and inter-substantiative evidence that they are unlawful from the Koran, Prophetic practice, and consensus of the Muslim Community. 4.2.5 Koranic verses regarding slander Allah, the Most High says: 1. Neither spy nor backbite one another . (Koran 49.12). 2. Woe to every backbiter, slander (Koran 104.1) 3. ... the backbiter who goes about slandering, (Koran 68.11) 4.2.6 Prophetic quotations on slander The Prophet - may Allah venerate him and give him peace - said: 1. The talebearer will not enter Paradise. 2. Do you know what slander is? They answered, Allah and His messenger know best. He replied, It is to mention something relating to your brother that he would dislike. Someone asked, What if he is as I say? To this the Prophet replied, If he is as you say, you have slandered him, and if not, you have calumniated him. A Muslim is the brother of a fellow Muslim. He neither betrays him, lies to him, nor delays coming to his aid. The reputation of a Muslim, his property and blood is safe from being violated by a fellow Muslim. Then, pointing to his heart he said, Fear of Allah is here, it is sufficiently wicked for someone to belittle his fellow Muslim. 4.2.7 Mimicking another's idiosyncrasies We have mentioned above that slander is saying anything about a person that he would dislike, whether aloud, in writing, by sign, or by gesture. Anything by which ones intent is to convey a Muslim's shortcomings or deficiency to another is slander, and unlawful. It includes such things as walking with a limp, with a stoop, or similar posture. Anything of this sort is unquestionably unlawful. 4.2.8 Slander in publications If an author intends to demean a person in a publication and mentions his name saying, So-and-so says such and such, it is unlawful. However, if it is to clarify a persons mistake so that others will not follow him, or to expose the weakness of his scholarship so others will not be deceived and accept what he says, it is not slander, rather, it is obligatory advice, and Allah rewards the author for such intent. It is not slanderous for a writer to say, There are those, or a certain group who say such and such, and this is a mistake, erroneous, ignorance, and folly, and so forth. This is because slander entails mentioning a particular person or a group of specific individuals. 4.2.9 Slander by allusion and innuendo Slander is also a derogatory remark made to a person about some who is recognizable without mentioning his name. For example, when it is said, A certain person did such and such, someone with pretensions to knowledge, a certain mufti, a certain person who is regarded as good, someone who claims to be an ascetic, one of those who passed by us today, or one of those we saw. This includes the slander of some would-be scholars and worshippers, who make slanderous innuendoes that are as clearly understood as if they were plainly stated and from which the listener understands the persons shortcomings. For example when one of them is asked the question, How is so-and-so? He replies, May Allah improve us, or may Allah forgive us, or may Allah improve him, or we ask the forbearance of Allah, or praise be to Allah who has not afflicted us with visiting oppressors, or we seek refuge in Allah from evil, or may Allah forgive us for lack of modesty, or may Allah relent towards us and so forth. All of this is slander and therefore unlawful, just as when one says, So-and-so is afflicted with the same as we all are, or There is no way he can manage this, or We all do it. 4.2.10 Criterion for slander The preceding are but examples. The criterion for slander is that one either directly or indirectly lets another understand the faults of gives a person. 4.2.11 Listening to slander Just as slander is unlawful for the one who says it, it is also unlawful for the person hearing it to listen and accept. It is obligatory whenever one hears some one begin to slander another to tell him to stop if it does not subject oneself to harm. If it does, then one is obligated to condemn it in one's heart and to leave the company if possible. When the person who hears the slander is able to condemn it in words or change the subject, then he must, if he does not it is a sin. But if the hearer tells the slanderer to be silent while desiring him in his heart to continue, this, as Ghazali notes is hypocrisy that does not lift the sin from him, for one must dislike it in one's heart. 4.2.12 Slanderous remarks in a gathering Whenever one is forced to remain at a gathering where there is slander and one is unable to condemn it, or one's condemnation goes unheeded and one cannot leave, it is nevertheless unlawful to listen or pay attention to what is being said. When faced with such circumstances one should engage in the remembrance of Allah (Thikr) with the tongue and heart, or heart alone, or think about something else to distract one from listening to the slander. When one engages in the remembrance of Allah, whatever one hears during these circumstances is not harmful to ones self as long as one does not listen to or heed the conversation. If afterwards, and the people continue in their slander, an opportunity arises to leave the assembly then one must leave. Allah, the Most High says: When you see those who plunge (scoffing) into Our verses, withdraw from her talk. If satan causes you to forget, leave the wrongdoing people as soon as you remember. (Koran 6.68) 4.2.13 Ibrahim ibn ATham (may Allah be pleased with him) accepted a wedding invitation. Some of the guests mentioned that a certain person who did not attend was unpleasant. Ibrahim said, I myself have done this by coming to a place where others are slandered. He left the party and would not eat for three days. 4.2.14 Slandering another in one's heart Entertaining bad thoughts about others (su' al-zann) is just as unlawful as expressing them. Just as it is unlawful to tell another about the failings of a person it is unlawful to speak to oneself of them and think badly of him. Allah, the Most High says, Believers, abstain from most suspicion, some suspicion is a sin. Neither spy nor backbite one another, would any of you like to eat the flesh of his dead brother? Surely you would loathe it. Fear Allah, without doubt Allah turns (in His Mercy) and He is the Merciful. (Koran 49.12). The Prophet may Allah venerate him and give him peace - said, Beware of suspicions, for they are the most lying of words, There are many Prophetic quotations (Ahadiths), which say the same, and they refer to an established conviction or judgement in the heart that another is bad. As for passing thoughts and fancies that do not last, when the person having them does not persist in them, scholars concur that they are excusable, since their occurrence is involuntary and there is no way to avoid them. The Prophet - may Allah venerate him and give him peace - said, Allah overlooks the thoughts of nation that come to mind as long as they are not uttered or acted upon. Scholars say this refers to passing thoughts that do not linger, whether of slander, disbelief (kufr), or something else. Whosoever entertains a passing notion of disbelief that is a mere fancy whose occurrence is unintentional and immediately dismissed is not an unbeliever and is not to blame. The reason why such things are excusable is that there is no way to take precaution against them. One can only avoid continuing therein, which is why persistence in them and the established conviction of them in one's heart is unlawful. Whenever one has a passing slanderous thought, one is obligated to reject it and summon to mind extenuating circumstances which explain away the appearances that seem to imply the bad opinion. Imam Abu Hamid Ghazali says in his reference Ihya, A bad thought about someone that occurs in one's heart is the prompting of satan, and one should dismiss it, because satan is the most corrupt of the corrupt, and Allah, the Most High says, Believers, if an evildoer brings you a piece of news, inquire first, in case you should unwittingly wrong others and then repent of what you have done. (Koran 49.6). It is not permissible to believe satan, and if the appearance of wrongdoing can possibly be interpreted otherwise, it is not lawful to think badly of another. The devil may enter the heart at the slightest impression of others' mistakes, suggesting that one only noticed it because of one's superior intelligence and discernment, and that the believer sees with the light of Allah. Upon examination of this one finds that it amounts to nothing more than repeating satans deceit and obscurities. If a reliable witness informs one of something bad about another, one should neither believe it nor disbelieve it, in order to avoid thinking badly of either of them. Whenever one has a bad thought about a fellow Muslim one should increase one's concern and respect for him. This will infuriate satan and thwart him, and he will not suggest the like of it again for fear that one will occupy oneself with prayer for the person. Imam Ghazali said, If one learns of a Muslim's mistake by undeniable proof, one should advise him about it in private and not let satan delude one into slandering him. When admonishing him, one should not gloat over his shortcoming and the fact that he is regarding ones self with respect while you are regarding him with disdain. Ones intention should be to help him disengage from the act of disobedience, over which one is as sad as if one had committed it oneself. One should be happier if he desists from it without being admonished than if he desists because of one's admonishment. 4.2.15 As we mentioned, it is obligatory for a person who has a passing ill thought of another to dispel it, this being the case when no interest recognized by the Sacred Law contributes one to reflect upon it. In the event that there is such an interest, it is permissible to weigh and consider the individual's deficiency and warn others of it. This is to be done in the same way as when evaluating the reliability of court witnesses or the transmitters of the quotations of the Prophet may Allah venerate him and give him peace - and in other cases that will be mentioned later in the section on permissible slander. 4.2.16 Permissible slander Slander, though unlawful, is sometimes permissible for a lawful purpose, the legitimating factor being that there is some aim countenanced by Sacred Law that is unattainable by other means. This may be for one of six reasons. 4.2.17 Redressing Grievances The first is the redress of grievances. Someone who has been wronged may seek redress from the Islamic ruler, judge, or others with the authority or power to help against the person who has wronged one. One may say, So-and-so has wronged me, done such and such to me, took such and such of mine, and similar remarks. 4.2.18 Eliminating wrongdoing The second is seeking aid in righting a wrong or correcting a wrongdoer, such as by saying to someone expected to be able to set things right, So-and-so is doing such and such, so warn him not to continue, and the like. The intention in such a case must be to take measures necessary to eliminate the wrong. If this is not one's purpose, it is unlawful. 4.2.19 Asking for a legal opinion The third is asking for a legal opinion, such as by saying to the mufti, My father, brother, or so-and so has wronged me by doing such and such. Is this permissible or not? How can I be: rid of him, get what is coming to me, stop the injustice, and so forth. Or, such as saying, My wife does such-and-such to me or vice versa and the like. This, when necessary, is permissible, however, to be on the safe side it is best to say, What do you think of a man whose case is such and such, or A husband (or wife) who does such and such, and so on, since this accomplishes one's aim without referring to particular people. But it is nevertheless permissible to identify a particular person, as is attested to by the Prophetic quotations (Ahadith) in which Hind said, O Messenger of Allah, Abu Sufyan is a miserly man... and the Prophet - may Allah venerate him and give him peace - did not forbid her. 4.2.20: Warning Muslims of evil The fourth reason is to warn Muslims of evil and advise them, which may take several forms, including: 1. Oppose unreliable transmitters of prophetic quotations (Ahadiths) or court witnesses. This is permissible by consensus of all Muslims, even obligatory, because of its need. 2.When a person seeks advice about marrying into a certain family, entering into a partnership with someone, depositing something for safekeeping with him, accepting such a deposit, or some other transaction with him, it is obligatory for one to tell the inquirer what one knows about the other as a matter of advice. If one can accomplish this by merely saying, Dealing with him is of no advantage to you, Marrying into the family is not in your interest, Do not do it, and similar expressions, then one may not elaborate on the individual's shortcomings. But if it cannot be accomplished without explicitly mentioning the individual, one may do so. 3. When anyone notices any student of the Sacred Law studying under one or more teachers who are guilty of reprehensible religious innovations (bid'a, def: w-29.3) such as Wahabi (kharijis), or who are corrupt, and that person who wants to give advice apprehends some harm that will come to the student thereby, he must advise the student and explain the condition of those teachers. It is necessary in such a case that advisors intention is to give sincere counsel. Mistakes are sometimes made in this, in which satan dupes both the advisor and the advised 4.When a person entrusted with a position of responsibility does not fulfill his duties, either because of him being unfit for the position, corrupt, inattentive or the like, the matter must be drawn to the attention of his manager. The manager can then remove that person and find a suitable person to replace him. Or, without being deluded, deal with him and urge him to either improve or be replaced. 4.2.21 Those unconcerned with concealing their disobedience A fifth reason that permits slander is when the person makes no effort to conceal his corruption or involvement in reprehensible innovation (bid'a). For example, someone that openly drinks wine, confiscates the property of others, gathers taxes that are not approved by Sacred Law, collects money wrongfully, or perpetrates other falsehoods. In such cases it is permissible to speak about that which he is unconcerned to conceal. However, it is unlawful to mention his other faults unless there is a valid reason, such as those already discussed that are permissible. 4.2.22 Identification The sixth reason is to identify someone. When a person is known by a nickname such as the bleary-eyed, the lame, the deaf, the blind, the cross-eyed, or similar, it is permissible to refer to him by that name if one's intention is just to identify him. However, it is unlawful to do in order to point out his deficiencies, and if he can be identified by some other means, it is preferable. 4.2.23 Islamic scholars permit the six preceding reasons for slander. (as-AThkar(y-102), 455-69). *Chapter 4.3.0: Gossip and talebearing (Namima) 4.3.1 Grand Shaykh Imam Nawawi said, Having summarily mentioned that talebearing (namima) is unlawful, together with its evidence and description of its nature, we now want to add a fuller explanation. Imam Abu Hamid Ghazali says, Talebareing is a term that is usually applied only to someone who conveys to a person what another has said about him, for example saying: So-and-so says such and such about you. Talebearing is not limited to that, rather it consists of revealing anything whose disclosure is resented, whether resented by the person who originally said it, the person to whom it is disclosed, or by a third party. It makes no difference whether the disclosure is in word, writing, a sign, nodding, or other; whether it concerns word or deed; or whether it concerns something bad or otherwise. The reality of talebearing lies in divulging a secret, in revealing something confidential whose disclosure is resented. A person should not speak of anything he notices about people besides that which benefits a Muslim to relate or prevent disobedience. Anyone approached with a story, and is told, 'So-and-so says such and such about you,' must do six things: 1. disbelieve it, for talebearers are corrupt, and their information unacceptable; 2. tell the talebearer to stop, admonish him about it, and condemn the shamefulness of what he has done; 3. hate him for the sake of Allah, the Most High, for he is detestable in the sight of Allah, and hating for the sake of Allah, the Most High is obligatory; 4. not think badly of the person whom the words are supposedly from, for Allah, the Most High says, 'Such much of surmise' (Koran 49.12); 5. not to let what has been said prompt him to spy or investigate whether it is true, for Allah, the Most High says, Believers, abstain from most suspicion, some suspicion is a sin. Neither spy nor backbite one another would any of you like to eat the flesh of his dead brother? Surely, you would loathe it. Fear Allah, without doubt Allah turns (in mercy) and He is the Merciful. ' (Koran 49.12); 6. and not to do himself what he has forbidden the talebearer to do, by relating it to others. (Ibid., 471-72) *Chapter 4.4.0: Saying, The people have gone to ruin 4.4.1 The Prophet - may Allah venerate him and give him peace - said, When a man says: The people have gone to ruin, he is the most ruined of all. 4.4.2 Grand Shaykh Imam Nawawi said, Khattabi explained that the preceding Prophetic quotation (Ahadith) means that a person who continually finds fault with people and mentions their failings is the most ruined of all. In other words, he becomes worse than they because of the sin he commits in disparaging and attacking them, which may also lead to conceitedness and seeing himself as better than they. Scholars concur that the condemnation only applies to someone who says the like of this out of contempt for people, considering them inferior and himself superior, despising the way they are because of his ignorance of the Divine wisdom of Allah in their creation. However, if one says it out of sadness at seeing one's own religious failings and those of others, there is no harm in it, just as there is no blame in saying, For all I know, every one of the nation of Prophet Muhammad -may Allah venerate him and give him peace - performs the prayer. This is how Imam Malik explained the Prophetic quotation (Ahadith), and others have followed him therein (Sahih Muslim bi Sharh al-Nawawi(y-93), 16.175-76). *Chapter 4.5.0: Informing on another 4.5.1 The Prophet - may Allah venerate him and give him peace - said, Let none of my companions inform me of anything another of them has said, for I wish to come out to you without disquiet in my heart. (al-AThkar(y-102), 473) *Chapter 4.6.0: Two people whispering so that a third cannot hear 4.6.1 The Prophet - may Allah venerate him and give him peace said, In the event that there are only three of you, two should not speak confidentially until your number increases, in case the third party becomes saddened. 4.6.2 (Nahlawi:) Imam Nawawi, (may Allah have mercy on him) says that this Prophetic quotation (Ahadith) prohibits two individuals from conversing privately when a third is present, and likewise it prohibits three or more people from doing so when a person is left out. The prohibition indicates its unlawfulness, it being impermissible for a group to converse apart from a single individual unless he gives his permission. Imam Malik (may Allah have mercy on him) said, Our colleagues, and the majority of scholars hold that the prohibition is applicable at all times, no matter whether one is at home or travelling. However, some Hanafi scholars say that such converse is forbidden only while travelling, and not when at home, because when travelling, it may indicate danger. 4.6.3 As for when there are four people and two of them speak privately in low tones apart from the other two, scholars agree that there is no harm in this. 4.6.4 The prohibition of listening to the conversation of people who are averse to one's listening is likewise unlawful, though only when the conversation does not entail harm to the listener, for if it does, one may listen to protect oneself from them (al-Durar-al-mubaha(y-99), 159). *Chapter 4.7.0: Giving directions to someone that wants to do wrong 4.7.1 (Nahlawi:) It is not permissible to give directions and the like to someone intending to commit a sin, because it is helping another to commit disobedience. Allah, the Most High says, and do not cooperate in sinfulness and transgression. (Koran 5.2). Giving directions to wrongdoers includes: directing police and tyrants when they are going to commit injustice and corruption; teaching questions of Sacred Law to those learning it in bad faith, i.e. who do not want the knowledge to apply it in their lives, rather for some unworthy purpose; 3. teaching rejected positions in Sacred Law, meaning those unnacceptable by any of the four schools of jurisprudence (dis:7.7.6) ) or are weak (dis:w-12.2), or anything else that informs people of how to commit disobedience to Allah, the Most High: and permitting or authorizing a person to do something that entails disobedience, because acceptance of disobedience is disobedience. (bid., 159-60) *Chapter 4.8.0: Lying 4.8.1 Grand Shaykh Imam Nawawi said, There are numerous verses in the Koran and Prophetic practice texts that state lying is unlawful (dis:10.24). Lying is amongst the ugliest sins and most disgusting faults. Because of the unanimous scholarly consensus of the nation (Umma) that lying is prohibited, and the amount of primary textual evidence, there is little need to cite particular examples, our only concern here being to explain the exceptions to what is considered lying, and apprise the details. 4.8.2 Permissible Lying It is reported in the references of Bukhari and Muslim that the Prophet - may Allah venerate him and give him peace - said, Whosoever settles disagreements between people to bring about good or says something commendable is not a liar. In Muslims reference Umm Kulthum added, I did not hear him permit untruth in anything people say, except for three things; war, settling disagreements and a man talking with his wife or she with him. (That being in and effort to smooth out differences). This is an explicit statement that lying is sometimes permissible for a given interest, scholars having established criteria defining what types of lies are lawful. The best analysis of it I have seen is by Imam Abu Hamid Ghazali, who says, Speaking is a means to achieve objectives. If a praiseworthy aim is attainable through both telling the truth and lying, it is unlawful to accomplish it through lying because there is no need. When it is possible to achieve such an aim by lying but not by telling the truth, it is permissible to lie if attaining the goal is permissible, and obligatory to lie if the goal is obligatory. For example when one conceals the whereabouts of a Muslim from an oppressor who asks where he is, it is obligatory to lie about him his hiding. Or when a person entrusts an article with one for safekeeping and an oppressor, wanting to appropriate it, inquires about it, it is obligatory to lie about its concealment. If one informs the oppressor about the article and he seizes it, then one is financially liable to the owner to cover the article's cost. It is not unlawful to lie when the aim can only be attained through lying in times of war, settling a disagreement, or gaining the sympathy of a victim that is legally entitled to retaliate so that he foregoes retaliation. However, it is religiously more precautionary (def:8.6.5) in all such cases to use words that give a misleading impression. This means to intend by one's words something that is literally true so one is not lying (def:4.10.2) in which the outward implication of the words deceives the hearer. This is true of every expression connected with a legitimating desired end no matter if it is for ones self or another. An example of a legitimating end of one's own is when an oppressor intending to seize one's property inquires about it, in such event one may lie. Or if a ruler asks about a wicked act one has committed that is solely between oneself and Allah, the Most High (in which the rights of another are not affected), this being the case then one is entitled to disclaim it, such as by saying, I did not fornicate, or I did not drink. There are many well-known Prophetic quotations (Ahadiths) in which those who admitted they deserved punishment were prompted to retract their confessions. An example of a legitimating desired end of another is when one is asked about another's secret and one does not acknowledge it, and so forth. One should compare the bad consequences entailed by lying to those entailed by telling the truth. If the consequences of telling the truth are more damaging, one is able to lie, though if the reverse is true or if one does not know which entails more damage, then lying is unlawful. Whenever lying is permissible, if the factor permitting it is the desired end of one's own, it is recommended not to lie, but when the factor that permits it is the desired end of another, it is not lawful to infringe upon his rights. Strictness, not including the above dispensations (rukhsa, def:8.6.2), is to forego lying in every case where it is not legally obligatory. 4.8.3 The position of Ahl al-Prophetic practice is that lying means to inform another that something is otherwise than it really is, whether intentionally or out of ignorance. One is not culpable when one is ignorant of it, but only if one lies intentionally, the evidence for which is that the Prophet - may Allah venerate him and give him peace - made intentionality a condition when he said, Whosoever lies about me intentionally shall take a place in Hell.' (al-AThkar (y-102), 510-12) *Chapter 4.9.0: Exaggeration 4.9.1 Grand Shaykh Imam Nawawi said, Ghazali says: Among the forms of lying that are unlawful but not serious enough to stigmatize their perpetrator as legally corrupt (dis:9.24.3) is the customary exaggeration of saying, 'I've told you a hundred times,' or 'asked after you hundred times' and so forth, since one does not intend to inform the other how many times it has been, but only to indicate that it has been said many times. In such cases, if the speaker in fact has only asked a couple of times he is lying, though if he has asked on numerous occasions he is not committing a sin by its saying, even if it has not been 'a hundred times.' There are intermediate degrees between these two at which the exaggerator becomes a liar. 4.9.2 The proof that exaggeration is sometimes permissible and not considered lying is found in the Prophetic quotation (Ahadith) related by Bukhari and a Muslim that the Prophet - may Allah venerate him and give him peace - said, ... As for Abul Jahm, his stick never leaves his shoulder, while Mu'awiya does not own a thing.' The understanding of this being that the latter owned the garment he was wearing, whilst the former set his stick aside when he slept and at other times. And Allah alone gives success (ibid.,515-16). *Chapter 4.10.0: Giving a misleading impression 4.10.1 Grand Shaykh Imam Nawawi said, Giving a misleading impression is among the most important topics, as it is frequently met with and often abused. It befits us to examine the matter closely, and whosoever learns of it should reflect upon it and apply it. Having previously mentioned that lying is severely prohibited, and the danger that exists in saying something without any particular intention, the following shows a safe alternative to these. 4.10.2 Giving a misleading impression means, to utter an expression that ostensibly implies one meaning, while intending a different meaning to the expression so that it is contradictory, it is a form of deception. It most commonly takes the form of a speaker intending a specific referent while the hearer understands a more general one. For example, when a person asks a householder, Is so-and-so here? and the householder, intending the space between himself and the inquirer rather than the space inside the house, replies, He is not here. 4.10.3 Scholars say that there is no harm (10.8.2 ) in giving a misleading impression if required by an interest countenanced by Sacred Law that is more important than not misleading the person being addressed, or if there is a pressing need which could not otherwise be fulfilled except through lying. When neither of these is the case, giving a misleading impression is offensive though not unlawful unless used as a means for wrongful gain or suppressing another's right. The above determines its permissibility. As for the Prophetic evidence (Ahadith)), some permit it whereas others do not, it is to be interpreted in the light of the above criteria (al-AThkar (y-102), 514). *Chapter 4.11.0: Verifying ones words before speaking 4.11.1 Allah, the Most High says: 1. Do not follow what you do not know. The hearing, sight and heart, about all these you shall be questioned. (Koran17.36). 2. Whatever phrase he utters an observer is present. (Koran 50.8). 4.11.2 The Prophet - may Allah venerate him and give him peace - said, It is sufficient enough of a lie - that a man repeats everything he hears (Ibid., 512-13) *Chapter 4.12.0: Speaking of taxes as The right of a ruler 4.12.1 Grand Shaykh Imam Nawawi said: One of the things most sternly prohibited and needed to warn people against is what the common people say about sales tax and the like (dis: 10.32), namely that this is the ruler's right, or you have to pay the ruler's due, and other references to right, obligation,' and so on. This is one of the most objectionable practices and ugliest of reprehensible innovations. Some scholars even hold that anyone who calls these taxes a right thereby becomes an unbeliever. But in fact, such a person does not become an unbeliever unless he actually considers it right while knowing it is unjust. The proper way to mention these is to say the ruler's tax, revenue, or similar words. And Allah alone gives success. (ibid., 499-500). *Chapter 4.13.0: Conversing about what is useless or immoral 4.13.1 (Nahlawi:) Conversing about what is useless or immoral means discussing acts of disobedience, such as stories about drinking sessions and fornicators when there is no legitimate purpose connected with the conversation, which is unlawful because it manifests one's own disobedience or another's without there being a necessity. Ibn Mas'ud (may Allah be pleased with him) said, The greatest in sins on the Judgement Day will be the one most given to speaking about the useless and immoral. 4.13.2 Speaking about that which is of no concern to ones self As for speaking about what does not concern one, such as the story of one's travels, and the mountains, rivers, food, and clothes one saw while on them; when it does not contain lies, slander, ostentation, or other things that are unlawful, is not in itself prohibited. Rather, it may be recommended when prompted by a good intention, such as preventing others from accusing one of being too arrogant or too proud to speak, allaying another's fears, cheering someone up who is sad or ill, amusing or getting along well with ones wives, showing kindness to children, or similar motives. When the intentions are such, it is not considered to be what does not concern one. 4.13.3 It is recommended and praiseworthy to leave anything that does not concern ones self (254) because one squanders one's life through its involvement and in amusement. The Prophet - may Allah venerate him and give him peace - said, The excellence of a person's Islam includes leaving what does not concern him. This includes excessive verbiage, meaning, to elaborate upon matters more than is necessary and are of no concern to one, or to ask about things which are of no importance. However, it does not include clarifying the details of difficult legal questions, especially to those of limited understanding, or the need to repeat a warning, reminder, instruction, or the like, since it might be necessary. When it is unnecessary to add details, one should express oneself succinctly and with brevity. The Prophet may Allah venerate him and give him peace - said, Good tidings to him who avoids excessive speech and spends the excess of his money. Imam Ali (may Allah ennoble his face) said, The best discourse is expressive, great, brief, and interesting. (al-Durar al-mubaha (y-99), 135-36) *Chapter 4.14.0: Explaining the Koran by personal opinion 4.14.1 The Prophet - may Allah venerate him and give him peace - said, Whosoever speaks of the Book of Allah from his own opinion is in error. 4.14.2 (Nahlawi:) The jurist Abul Layth says in his reference Bustan al-'arifin, The above prohibition only applies to the allegorical parts of the Koran (dis: w-6), not to all of it, since Allah, the Most High says, Those whose hearts are swerving with disbelief, follow the obscure desiring sedition and desiring its interpretation, but no one knows its interpretation except Allah. (Koran 3.7). The Koran came as a proof of moral answerability against all mankind and jinn, while if interpreting it were not permissible, it could not be a decisive proof. Since it is decisive, it is permissible for someone acquainted with the dialects of the Arabs and the circumstances under which various verses were revealed to interpret it. As for would-be exegetes who do not know the dimensions of Arabic, the figurative, literal, and the types of metaphor, it is not permissible for them to explain it beyond what they have heard, by way of reporting and not actual interpretation. The generality of the prohibition also entails that whosoever does not know which verses abrogate others, and which are abrogated, the points upon which there is scholarly consensus (7.7), and the tenets of faith of Ahl al-Prophetic practice, is not safe from error if he interprets the Koran with nothing beyond the implications of the Arabic. Linguistic familiarity with the language is insufficient, and one must also know what we have just mentioned. When one knows both, one may interpret the Koran, and is not done by opinion (ibid., 58). 4.14.3 The above is equally true of Prophetic quotations (Ahadith). The Koran and Prophetic quotations (Ahadith) commentaries are of tremendous importance to teachers, speakers, writers, and translators in the preparation of material to be presented to Muslim audiences a dictionary is not enough. *Chapter 4.15.0: Asking about the nature of Allah, the Most High 4.15.1 The Prophet - may Allah venerate him and give him peace said, People will keep wondering and asking each other until it is said: This is the creation of Allah, but who created Allah?' Whosoever finds anything like this, let him say, 'I believe in Allah and His messengers.' (Ibid., 140) *Chapter 4.16.0: Hypocrisy 4.16.1 (Nahlawi:) Hypocrisy is when a person's outward does not correspond to his inward, or his words to his deeds. Hypocrisy is of two kinds, hypocrisy in belief and hypocrisy in acts. Hypocrisy in belief is another name for concealed disbelief while outwardly professing Islam. It is the very worst form of disbelief. Allah, the Mighty and Majestic says, The hypocrites will be in the lowest place of the Fire, you will not find a helper for them. (Koran 4.145). Therefore it is understood that the hypocrisy of belief consigns its perpetrator to Hell forever. As for hypocrisy in act, it is that which does not concern one's faith. It is also termed spoken hypocrisy, and consists of saying what contradicts one's true state. It is one of the greatest of sins. It includes being two-faced, like the person who, when two people are at odds, speaks words to each that confirm their respective side, or tells each what the other has said, or endorses the enmity of each, praises each, and promises each to help against the other. This is hypocrisy and more. However, its blameworthiness applies only to worsening relations between people, for if done to settle their differences, it is praiseworthy. It is seldom that a person who visits leaders and important people is free of spoken hypocrisy. Someone told Ibn 'Umar (may Allah be well pleased with father and son), We visit our leaders and speak, but when we leave, we say something else. He replied, In the days of the Messenger of Allah - may Allah venerate him and give him peace - we considered this hypocrisy. 4.16.2 As for tareed (parsing between two meanings) those from whom one fears harm (mudara), it is permissible, being done to obviate the damage and evil anticipated from certain people, whether it be a ruler or someone else one has reason to fear (al-Durar al-mubaha (y-99), 116-18) . 4.17.1 (Nahlawi:) Compromising one's principles means religious careless weakness, such as not speaking out when observing acts of disobedience or unlawful things when one is able to change them without suffering harm. Such silence is unlawful. Its opposite is firmness in religion. Allah, the Most High says, .. striving for the Path of Allah and fearless of anyones blame. (Koran 5.54). And the Prophet - may Allah venerate him and give him peace - said, Speak the truth, even if bitter. However, when one's silence is to prevent damage to oneself or others, it is a permissible form of tareed (parsing between two meanings) those from whom one fears harm (mudara), and is even recommended in some cases when it results in being saved from injustice, or is a means to fulfill a right recognized by Sacred Law (ibid., 112-13). *Chapter 4.18.0: Ridicule and sarcasm 4.18.1 (Nahlawi:) Ridicule entails showing disdain, sarcasm, or contempt for another in a way that causes laughter, whether by mimicking another's words or actions, by a gesture or by allusion. It is unlawful. Allah, the Most High says: 1. As for those who taunt the believers who give charity voluntarily, and scoff at those who give according to their means, Allah will scoff at them. Theirs shall be a painful punishment. (Koran 9.79). 2. Believers, do not let people mock other people who may be better than themselves. Do not let women mock women, who may be better than themself. Do not find fault in one another, nor abuse one another with nicknames.. (Koran 49.11). The Prophet - may Allah venerate him and give him peace said, A gate in Paradise will open to one of those who mock people and a cry will be heard, Come here, come here, and he will come forward in concern and anxiety, but when he reaches it, it will close in front of him. And this will happen again and again, until the gate will open and the cry Come here, come here will be heard as before, but he will not approach because he knows it will only close in front of him. 4.18.2 Ridicule is only unlawful when it hurts others' feelings. As for someone who purposely makes himself a laughingstock, perhaps such a person enjoys it, and jokes about him are considered just humor. What is unlawful is the sarcasm that offends the person ridiculed, because of the insult and disdain involved, such as by laughing at his way of speaking, what he does, how he looks, or his physique because of a defect therein. To laugh at any of these is to commit ridicule that is unlawful (ibid., 126-27). *Chapter 4.19.0: Joking 4.19.1 (Nahlawi:) The necessary condition for the permissibility of joking is that it does not contain lies or cause fright to a Muslim or a non-Muslim citizen, because this hurts others, and we are forbidden to do so. 4.19.2 Excessive joking is blameworthy and forbidden, since it eliminates one's dignity and reserve, and creates resentment in certain situations and people. It also causes immoderate laughter, which kills the heart. The Prophet - may Allah venerate him and give him peace - said to this companions, Who will take these words and apply them, or knows someone who will? Abu Hurayra answered, I will, O Messenger of Allah, whereupon the Prophet - may Allah venerate him and give him peace - took his hand and enumerated five things saying: 1. Avoid the unlawful and you will be the most religious of people. 2. Be satisfied with what Allah has allotted you and you will be the richest of people. 3. Threat your neighbor well and you will be a believer. 4. Love for others what you love for yourself and you will be a Muslim. 5. Avoid excessive laughter, for too much laughter kills the heart. (al-Durar al-mubaha (y-99), 127-28) *Chapter 4.20.0: Picking apart anothers words 4.20.1 (Nahlawi:) Picking apart another's words consists of attacking another's speech by revealing the mistakes in it, whether its weak Arabic, meaning, or the intention of the speaker, as when one says, This is true, but you do not intend the truth by it. When such an attack involves no other motive than contempt for the other and displaying one's cleverness. It is unlawful. The Prophet - may Allah venerate him and give him peace said, Whosoever forgoes making a frivolous objection when he is in the wrong will have a home built for him on the edge of Paradise. Whosoever foregoes it when he is in the right will have a home built for him in the middle of Paradise. And whosoever improves his own character, will have a home built for him in the highest part of Paradise. When a believer hears something true, it befits him to accept it. If it is not true, but is unconnected with religious matters, he should remain silent, though if connected with religious matters it is obligatory to show that it is false and to condemn it if there is a chance that anyone will believe him, because this is forbidding the wrong. 4.20.2 Giving a positive interpretation to others' seeming mistakes Grand Shaykh Imam Nawawi (may Allah, the Most High have mercy on him) mentions, in the section of the introduction of the reference Sharh al-MuhaThThab the behavior of the teacher and the student. It also says that it is obligatory for a student to give a positive interpretation to every utterance of his brethren that seems to be wrong until he has exhausted seventy excuses. No one is incapable of this except one who is given little success. 4.20.3 Reading books above ones capacity to understand The Shaykh al-Akbar, that is Shaykh Muhyiddin ibn al-`Arabi, may Allah, the Most High bless him, writes in his letter about the spiritual station of annihilation in gnostic vision, When a book on a subject of which one has no knowledge falls into ones hand, and one has not studied it under a knowledgeable shaykh, who is a master of the subject, then he should do absolutely nothing with the book and return it to its giver. He should neither believe, disbelieve, nor discuss it at all. (ibid., 131-32). *Chapter 4.21.0: Learned disputation 4.21.1 (Nahlawi:) Disputation is what relates to clarifying various legal positions and making a case for them. When the intention behind the disputation is to embarrass one's opponent or display one's superiority, it is unlawful or. even according to some scholars, unbelief. However, when the disputation is intended to reveal the truth, as is rare, then it is permissible or even recommended. Allah, the Most High says, Dispute with them in the best manner.. (Koran 16.125). Baydawi says that the meaning of this is to disputation in a gentle, friendly manner using the simplest approach and most familiar premises, since this is more effective in cooling the opponents' vehemence and exposes their contentiousness. (ibid., 132) *Chapter 4.22.0: Arguing 4.22.1 Grand Shaykh Imam Nawawi said, Disputing is using wordy arguments in order that a person gains his object of wealth or otherwise. It is composed upfront or as a follow up tactic. If you say a person has to dispute in order to obtain his rights, then the right answer is that of Imam Ghazali, when he said, The certain condemnation of dispute applies only to those who argue with falsehood or without knowledge. Also considered is one who adds abuse to his unnecessary speech that to secure his rights. Or who is motivated to argue by nothing other than an obstinate desire to win or to overcome his opponent. As for someone who has been wronged and makes his case in a way compatible with the Sacred Law, without belligerence, excessiveness, or being troublesome, and neither intends to be obstinate or abusive, it is not unlawful. However, it is better to avoid it if there is any way to do so, because keeping one's tongue within the limits of fair play during the course of an argument is virtually impossible. Moreover, arguing produces rancor in hearts and causes animosity that can lead to actual hatred between two people, and can reach the stage when each becomes pleased when harm befalls the other and displeased when good befalls the other, and thereafter unleashes his tongue against the other's reputation. Whosoever argues runs the risk of these calamities. At a minimum, an argument preoccupies one's heart, and during the prayer one's thoughts turn to debate and argument. 4.22.2 A certain person remarked, I have not seen anything that impairs one's religion, diminishes one's respectability, ends one's happiness, or preoccupies one's heart like arguing. (al AThkar (y-102), 502-3). *Chapter 4.23.0: Asking about anothers mistakes 4.23.1 (Nahlawi:) It is forbidden to ask about another's errors and blunders in order to tell them they have made a mistake or to embarrass them, because it entails injury to another and belittling him in front of people. However, when one's asking about mistakes is to learn or teach, or to test or sharpen students' minds or make them reflect, then it is recommended and desirable, because it facilitates the comprehension of religious knowledge (al-Durar al-mubaha (y-99), 140). *Chapter 4.24.0: Searching out a persons faults 4.24.1 (Nahlawi:) Asking about and searching out the faults of others is spying, which Allah, the Most High has forbidden by saying, Believers, abstain from most suspicion. (Koran 49.12), which means looking for the shameful things in Muslims. The Prophet - may Allah venerate him and give him peace - said: 1. If you search for people's shameful points, you corrupt them... 2. O you have entered Islam with your tongues but in whose hearts faith has not entered, do not slander people, and do not seek out people's shameful points. Whosoever searches out the shameful points of his brother, Allah will search out his own shameful points, and if Allah searches out a person's shameful points, be sure that He will disgrace him even if he should remain in the middle of his house. (Ibid., 145) *Chapter 4.25.0: Displaying satisfaction at a fellow Muslims troubles 4.25.1 The Prophet - may Allah venerate him and give him peace - said, Do not show joy at the misfortune of your brother, lest Allah has mercy on him and afflicts you with misfortune. (al-AThkar (y-102), 474) *Chapter 4.26.0: Obscenity 4.26.1 The Prophet - may Allah venerate him and give him peace said, 1. A believer is not given to reviling, cursing, obscenity, or vulgarity. 2. Whatever contains vulgarity is made ugly by it, and whatever contains modesty is beautified by it. 4.26.2 Grand Shaykh Imam Nawawi said, Obscenity and vulgarity are forbidden, as is attested to by many well-known and rigorously authenticated (sahih) Prophetic quotations (Ahadiths). Obscenity means to express ugly or vulgar matters, in plain words, even if they are true and the speaker is being honest. Instead, one should express such matters by alluding to them in a polite way that nevertheless conveys what is meant, as is found in the Holy Koran and authentic noble Prophetic quotations (Ahadiths). Allah, the Most High says, 1. Permitted to you, on the night of the Fast, is the approach to your wives. (Koran 2.187). 2. How can you take it (the marriage dowry) back when you have reached one another (sexually) . (Koran 4.21). If you divorce them before you have touched them... (Koran 2.237). There are many Koranic verses and authentic Prophetic quotations (Ahadiths) that employ similar words. Scholars say that comprehensible allusions should be used for these and other matters one is hesitant to mention by name. For example, one alludes to sexual intercourse with ones wife as reaching one another, lovemaking, sleeping with, and so forth, and does not use explicit words such as copulate or the like. Similarly allude to urinating and voiding excrement as answering the call of nature, or going to the bathroom, and does not simply say defecate or urinate, and so forth. The same is true of mentioning personal blemishes such as leprosy, halitosis, underarm odor, and the like, which one should refer to by polite words that indicate what is meant. Other matters should be dealt with as in the above mentioned examples, all of which applies to cases in which there is no need to plainly refer to these things by name. When the need arises to explain or teach, and one fears that the listener may nor grasp one's allusion or may misunderstand the meaning, one should plainly say the name so that the correct meaning is understood. And this is how one should interpret the Prophetic quotations (Ahadiths) that have reached us which contain such straightforward expressions, as arising from the needs we have mentioned, because clear communication is more important than decorum. And Allah alone gives success (ibid., (y-102), 508-9). *Chapter 4.27.0 4.27.1 Severity in speech and harshness (Nahlawi:) Severity in speech and harshness is blameworthy when out of place. Their proper place being in forbidding the wrong, if gentleness and affability prove ineffective (dis: 11.5.5), as well as in imposing prescribed legal penalties, and in reprimanding or disciplining those who require it Allah, the Most High says: 1.... and be harsh with them (Koran 9.73). Let them find firmness in you (Koran 9.123). let no tenderness for them seize you if you believe in Allah and the Last Day . (Koran 24.2) 4.27.2 Other than in the above-mentioned cases, it is praiseworthy for one to use amiable words, have a cheerful expression, and to smile. The Prophet - may Allah venerate him and give him peace said, In Paradise there is a dwelling whose outside can be seen from inside.' Abu Malik Ash `ari asked, Whose shall it be, O Messenger of Allah?' And he replied, He whose speech is fair, who feeds others, and spends the night standing in prayer when people sleep. (al-Durar al-mubaha (y-99) m 144-45) *Chapter 4.28.0: Frightening or coercing a believer 4.28.1 (Nahlawi:) To make a believer fear other than disobedience or to coerce him to do something against his will, such as giving a gift, marrying, or selling something, - all this is hurtful to him, and hurting a believer is unlawful. The Prophet - may Allah venerate him and give him peace - said, On the Day of Judgement it is incumbent upon Allah as a fitting recompense for whosoever has frightened a believer, not to protect him from the terrors of that Day. Najm al-Ghazzi says in the book Husn al-tanabbuh, Among the works of the devil is frightening, annoying, or alarming a believer, all of which is unlawful. (ibid., 157-58). *Chapter 4.29.0: Rejecting a brothers excuse 4.29.1 The Prophet, may Allah venerate him and give him peace - said, When someone offers an excuse to his fellow Muslim and the latter does not accept it, his sin is like the crime of imposing taxes [dis: 10.32]. (Ibid 157) *Chapter 4.30.0: Driving away the poor, the weak, the orphan, or the beggar 4.30.1 Allah, the Most High says: 1. Do not oppress the orphan, nor drive away the one who asks. [dis: 4.39] (Koran 93.9-10). 2. Do not drive away those who call upon their Lord morning and evening, seeking only His Face. Nothing of their account falls upon you, and nothing of your account falls upon them, that you should drive them away and so become one of the harm-doers. (Koran 6.52). 3. and lower your wing unto the believers. (Koran 15.88). (al-AThkar (Y-102), 481-82) *Chapter 4.31.0: Disregarding ones father or mother 4.31.1 Grand Shaykh Imam Nawawi said, It is very sternly prohibited to putt off one's father or mother. Allah, the Most High says: Your Lord has ordered you to worship none except Him, and to be good to your parents. If either or both of them attain old age with you, do not say: Fie on you, nor rebuke them, but speak to them with words of respect. And lower to them the wing of humbleness out of mercy and say, My Lord, be merciful to them, as they raised me since I was little. (Koran 17.23-24). (Ibid.,509) *Chapter 4.32.0: Circumstances in which conversation is offensive In the Hanafis books on what is lawful and unlawful, offensive, when used without further qualification means unlawfully offensive (makruh tahriman), and its ruling is the same as the unlawful in the Shafi`i school. 4.32.1 Interrupting oneself or others (Nahlawi:) It is offensive to interrupt someone teaching Sacred Knowledge. Some scholars hold that to greet a group with As Salamu `alaykum when they are learning religious knowledge is a sin. It is also offensive to interrupt ones self when reciting the Koran, supplicating, explaining the Koran, teaching the Prophetic quotations (Ahadith), or to address people while doing so, for example, if one turns to someone and asks him to go buy some things needed at home. Conversation is offensive for anyone listening to a pious exhortation, or instruction, or in the presence of someone above his own level. It is also offensive for such a person to turn to look at something else, or to stir when there is no need. To do any of this is to be poorly mannered and shows lack of seriousness, unwise haste, and thoughtlessness. Rather, the one speaking should set forth what he means to say without bringing irrelevant process into his speech until finished, and the person addressed should heed the speaker, paying attention to him and listening until he finishes, without looking around, stirring, or talking; especially if the speaker is explaining the words of Allah, the Most High or His Messenger - may Allah venerate him and give him peace. However, one is excused if a pressing physical or religious need arises that there is no alternative but to fulfill the need, since necessity excuses one from any rule whatever. 4.32.2 Disrespect to those in authority It is offensive to go against the words of anyone with authority of the Sacred Law, or talk back, oppose, rebut, or disobey such a person in all things lawful. The prohibition applying to such people as a follower with his leader, a son with his parents, a student with his teacher, a wife with her husband, or an unlearned person with a scholar. All of this is very ugly behavior and deserves disciplinary action (9.17), since each of these is obligated to obey the one over them. 4.32.3 Talking about worldly matters in a mosque It is offensive to speak about permissible worldly matters in a mosque when there is no excuse. It is also said, and is a more reliable position, that it is not offensive, however, it is better not to indulge. (khilaf al-awla) 4.32.4 Speaking during the sermon of the Friday Prayer It is offensive to speak during the sermon on Friday, no matter whether it be to say Subhan Allah, the blessings on the Prophet - may Allah venerate him and give him peace , or to command the right or forbid what is wrong. The reason for the prohibition being that listening to the Friday prayer sermon is obligatory, as it takes the place of two units of prayer of the noon prayer, therefore things offensive during the prayer are offensive while listening to the sermon. The Prophet - may Allah venerate him and give him peace , said, When the imam is giving the sermon on Friday, and you tell your companion to listen, you have made an impertinent remark. 4.32.5 Speaking when the Koran is being recited It is offensive to speak when the Koran is being audibly recited, for listening to it and heeding it are absolutely obligatory no matter whether one is performing the prayer or not, and whether one comprehends it or not. Allah, the Most High says, When the Koran is recited, listen to it in silence in order that Allah has mercy upon you. (Koran 7.204). 4.32.6 Speaking without need to a member of the opposite sex It is offensive for a male to speak without need to a young woman who is not a member of his unmarriageable kin (17.6.1). He should not say, Arhamkum Allah (may Allah have mercy on you) if she sneezes, or greet her with, As-Salamu `alaykum, (which is unlawful in the Shafi`i school) nor return her Salams (which is offensive for Shafi`is), rather he should say such things to himself. The same applies to young women who are not a member of her unmarriageable kin (17.6.2). The prohibition of these is due to the Prophet - may Allah venerate him and give him peace saying, The adultery of the tongue is speech. 4.32.7 Speaking when lovemaking or in the lavatory It is offensive to speak while lovemaking, or when answering the call of nature. It is offensive to laugh in circumstances in which speaking is offensive. 4.32.8 Speaking after dawn before the Dawn Prayer It is offensive to speak of worldly things between dawn and performing the dawn prayer (subh). Some hold this extends until sunrise (al-Durar al-mubaha (y-99), 145-49). 4.32.9 Conversation after performing the Night Prayer (`Isha) Grand Shaykh Imam Nawawi said, It is offensive for someone who has prayed the night prayer (`isha) to converse about things permitted at other times. Discourse that is unlawful or offensive at other times is even more sternly prohibited or offensive at this time. As for conversation about what is good, such as teaching Sacred Knowledge, relating the words of the pious, describing noble qualities, or speaking to one's guest, none of these is offensive, but rather they are commendable (al-AThkar (y-102), 504). *Chapter 4.33.0: People to whom it is offensive to greet with Salams 4.33.1 (Nahlawi:) It is offensive (4.32.0) to greet with as-Salamu `alaykum anyone who is: 1. performing the prayer, reciting the Koran invoking Allah (Thikr), reading Prophetic quotations (Ahadiths) to others, giving the Friday prayer sermon (khutba), or listening to any of these; 2. a student of jurisprudence repeating a lesson over to himself to facilitate memorizing it, someone informing ordinary people of legal rulings, or anyone engaged in a lesson of Sacred Knowledge; 3. giving the call to prayer or call to commence (iqama); 4. teaching; 5. seated waiting for the prayer, or saying Subhan Allah, (Exalted is Allah); 6. eating; 7. a corrupt person who does not conceal his acts of disobedience; 8. a young lady who is not a member of one's unmarriageable kin (dis: 4.32.6); 9. someone who plays games that are not permissible (dis: 16.29.5), slanders others, sings, an aged man who lies, addicted to profitless conversation, reviles others, or looks at women's faces, all of whom are offensive to greet unless their repentance from these things is known; 10. someone who is enjoying his wife, whose nakedness is exposed, who is relieving himself, drowsy, asleep, or someone who is in a bathroom. 4.33.2 Responding to greeting (Salams): It is not obligatory to respond to someone's Salams in circumstances where greeting is uncalled for, except for a corrupt person, whose greeting (Salams) is obligatory to return (to guide him or avoid his harm). It is not obligatory to answer the Salams of someone who is either a child, intoxicated, or insane. Nawawi (may Allah, the Most High have mercy on him) says in his commentary on Sahih Muslim, Scholars disagree about greeting non-Muslims with as-Salamu `alaykum or returning their Salams. We hold that it is unlawful to say it to them first, though is obligatory to return their greetings by saying wa `alaykum (and upon you), or simply, Alaykum. Other scholars hold it is permissible to greet them first with as-Salamu `alaykum' (al-Durar al-mubaha (y-99), 150151). *Chapter 4.34.0: Boasting 4.34.1 Allah, the Most High says, Do not praise yourself. Allah knows the cautious.' (Koran 53.32) 4.34.2 The Prophet - may Allah venerate him and give him peace - said, Allah has informed me that you should be humble towards each other in a way that no one transgresses against or exalts himself above another. (al-AThkar (y-102), 473-74) *Chapter 4.35.0: Revealing ones sins to others 4.35.1 The Prophet - may Allah venerate him and give him peace said, All of my nation shall be pardoned, except those who blatantly commit sins. Blatantly committing includes a man who does something shameful at night, and when morning comes, and after Allah has hidden his act, says, So-and-so, last night I did such and such'. His Lord concealed it for him at night, but in the morning he removes the cover with which Allah had concealed his sin for him. 4.35.2 Grand Shaykh Imam Nawawi said, It is offensive for a person who has been afflicted with an act of disobedience or the like to inform another of it. Instead, one should repent to Allah, the Most High by desisting from it immediately, regretting what one has done, and firmly resolving never to do its like again. [Darwish added, the above is the spirit of the advice that the Prophet gave to the companion by saying, Say, Allah is my Lord, and be straight, when the companion asked for a simple methodology and advice.] These three things are the integrals of repentance, which is not valid without them. There is no harm in telling about a sin to one's shaykh or another person who may be expected to teach one how to desist from the act or refrain from similar acts, or appraise one of the causes that led to it, or pray for one, and so forth. If such is the case, informing such people is commendable. It is only offensive to do so when no such interest can be served (ibid., 498). *Chapter 4.36.0: Revealing a secret 4.36.1 The Prophet - may Allah venerate him and give him peace - said, When a man says something, then glances right or left, his words are a confidence to be kept.' (Ibid., 507) 4.36.2 (Nahlawi:) Telling a secret means to inform others of a remark, action, or state which one learns of from someone who wants it to remain hidden, no matter whether it is good or bad. This is hurting him, and hurting others is unlawful. Whenever people meet, it is obligatory to keep secret any act that occurs, any words spoke, or any state attributable to someone, when these concern something one would normally wish to remain confidential, while not being unlawful. If unlawful, then: 1. If it is against Allah, the Most High alone and does not involve legal measures such as prescribed legal penalties or disciplinary action (9.17), then it must be kept secret. 2. If it involves legal measures, as do fornication (dis: 9.12) and drinking (9.16), then one has a choice between revealing it or not, though it is superior to conceal it. 3. if it involves another person's rights, then if concealing it entails harm to anyone, or if it concerns prescribed legal measures such as retaliation for an injury or death (9.3), or covering the cost of an article destroyed through negligence, then if the person whose rights have been infringed is ignorant of it, there is an obligation to make the matter known, and must testify to it if asked. 5. If it involves another's rights, but concealing it does not entail harm to anyone and it does not concern prescribed legal measures, or it entails one of these two, but the person concerned already knows of it through another, and one has not been asked to testify about it, then one is obligated to conceal the matter. (al-Durar al-mubaha (Y-99), 134) *Chapter 4.37.0: Alienating the members of a persons family 4.37.1 Grand Shaykh Imam Nawawi said, It is unlawful for a person to mention anything to another's servant, wife, son, and so forth that could alienate them from him, unless one is commanding the right or forbidding the wrong. The Prophet - may Allah venerate him and give him peace - said, He who alienates a person's wife or servant from him is not of us. (al-AThkar (Y-102), 498) *Chapter 4.38.0: Cursing 4.38.1 The prohibition of cursing others Grand Shaykh Imam Nawawi said, By the unanimous consensus of all Muslims, cursing an upright Muslim is unlawful. The Prophet - may Allah venerate him and give him peace - said, Cursing a believer is like killing him. 4.38.2 The permissibility of cursing those who commit disobedience when they are not personally identified or known It is permissible, but not rewarded by Allah, to curse those who possess blameworthy characteristics, such as by saying, Allah curse oppressors, Allah curse the corrupt, Allah curse makers of images/statues, and so forth. Well-known and rigorously authenticated (sahih) Prophetic quotations (Ahadiths) verify that the Prophet - may Allah venerate him and give him peace - said: Allah cursed the wig wearer and its implanter. Allah cursed the consumer of usury. Cursed are the image/statue formers Allah cursed whosoever changes the perimeters of land. all of these being found in Bukhari, Muslim, or both. As for cursing a particular person who commits an act of disobedience, such as an oppressor, adulterer, maker of images/statues, thief, or one who consumes usury, the evidence in the Prophetic Quotations (Ahadiths) suggest it is not unlawful, Al Ghazali indicates that it is unlawful unless the person cursed is someone we know that died in a state of unbelief, such as Abu Lahab, Abu Jahl, Pharaoh, Haman, and their like. This, as Al Ghazali notes, is because to curse means to distance another from the mercy of Allah, the Most High, while we do not know how a particular corrupt person or non-Muslim will end his life. As for those the Prophet - may Allah venerate him and give him peace - personally cursed, it was because he knew they would die in unbelief. Praying that evil befalls a person is similar to cursing, even when against a tyrant, such as saying, May Allah not heal him, May Allah not keep him safe, and similar remarks, all of which are blameworthy. And likewise for cursing any animals or inanimate objects whatever - all this is objectionable, meaning offensive. (al-AThkar (Y-102), 476-80) *Chapter 4.39.0: Begging 4.39.1 (Nahlawi:) Unless there is a necessity it is unlawful to ask for money or other worldly advantage. The Prophet - may Allah venerate him and give him peace - said, One of you keeps begging until when he meets Allah, the Most High, there is not a piece of flesh left on his face. The interpretation of this refers to anyone who asks when it is not permissible. The degree of necessity that permits begging is when one is unable to earn a living due to illness or weakness and does not have enough food to last one day (al-Durar al-mubaha (y-99), 139). *Chapter 4.40.0: Music, song and dance 4.40.1 Musical instruments (Ibn Hajar Haytami:) As for the condemnation of musical instruments, flutes, strings, and the like by the Prophet, may Allah venerate him and give him peace , of whom Allah says, nor does he speak out of desire, Indeed it is not except a Revelation which is revealed. (Koran 53.3-4), let those who refuse to obey him beware lest calamity strike them, or a painful punishment. The Prophet - may Allah venerate him and give him peace - said: 1. Allah, the Mighty and Majestic sent me as a guidance and mercy to believers and commanded me to do away with musical instruments, flutes, strings, crucifixes, and the affairs of the pre-Islamic period of ignorance. 2. On the Day of Resurrection, Allah will pour molten lead into the ears of whosoever sits listening to a songstress. 3. Song causes hypocrisy grow in the heart as water does herbage. 4. This nation will experience the swallowing up of some people by the earth, transformation of some into animals, and being rained upon with stones. Someone asked, When will this be, O Messenger of Allah? and he said, When songstresses and musical instruments appear and wine is held to be lawful. There will be peoples of my nation who will hold fornication, silk, wine, and musical instruments to be lawful.... All of this is explicit and compelling textual evidence that musical instruments of all types are unlawful (Kaff al-ra`a' `an muharramat al-lahw wa al-sama` (y-49), 2.269-70). 4.40.2 Grand Shaykh Imam Nawawi said, It is unlawful to use musical instruments such as those which drinkers are known for, like the mandolin, lute, cymbals and flute-or to listen to them. It is permissible to play the tambourine at weddings, circumcisions, and other times, even if it has bells on its sides. However, beating the kuba, a long drum with a narrow middle, is unlawful. (Mughni al-muhtaj ila ma`rifa ma`ani alfaz al-Minhaj (y-73) m, 4.429-30). 4.40.3 Singing unaccompanied by musical instruments (Ibn Hajar Haytami:) As for listening to singing that is not accompanied by instruments, one should know that singing or listening to singing is offensive except under the circumstances mentioned below. Some scholars hold that singing is Prophetic practice at weddings and the like, and of our Imams, Ghazali and `Izzi ibn `Abd al-Salam say that it is Prophetic practice if it moves one to a noble state of mind that makes one remember the Everlasting life. It is clear from this that all poetry, which encourages good deeds, wisdom, noble qualities, abstinence from worldly things, or similar pious traits, such as urging one to obey Allah, follow the Prophetic practice, or shun disobedience, is Prophetic practice to either write, sing, or listen to, as more than one of our Imams have stated it is obvious, since using a means to do good is itself doing good. (kaff al-ra`a` ` an muhar-ramat al-lahw wa al-sama` (y-49), 2.273). 4.40.4 Dance Imam Nawawi said, It is not prohibited to dance. Muhammad Shirbini Khatib commented, It is not unlawful to dance because it is only motions made while standing or bowing. Furani, and others have expressly stated that it is not offensive, but rather it is permissible. In the references of Bukhari and Muslim it is reported in a Prophetic quotation (Ahadith) that the Prophet, may Allah venerate him and give him peace - stood before Lady Ayesha, may Allah be well pleased with her, to screen her from being viewed so that she might observe the Abyssinians sporting and dancing. Languid dancing, like the movements of the effeminate is prohibited. (Mughni al-muhtaj ila ma`rifa ma`ani alfaz al Minhaj (y-73), 4.430). *BOOK 5: GABRIEL PROPHETIC QUOTATIONS WHAT IS ISLAM (AHADITH) CONTENTS 5.1.0 The Prophetic Quotations (Ahadith) Text 5.2.0 Islam 5.2.1 The Five Pillars of Islam 5.2.2 Islam Established by the Witnessing of Faith 5.2.3 No Muslim becomes an unbeliever through sin 5.2.3 Heretical sects of Muslims 5.2.4 Denying what is necessarily known to be of Islam 5.3.0 True faith (Iman) 5.3.1 The Six Pillars of Faith 5.3.2 Belief in Allah 5.3.3 Belief in the angels 5.3.4 Belief in the Books of Allah 5.3.5 Belief in the Messengers of Allah 5.3.6 Belief in the Last Day 5.3.7 Belief in destiny, its good and evil 5.3.8 Why people are responsible if Allah creates our acts 5.4.0 Perfection of faith (Ihsan) 5.4.2 Three spiritual stations in worship *Chapter 5.1.0: THE PROPHETIC QUOTATIONS (AHADITH) TEXT 5.1.1 We were sitting with the Holy Prophet `Umar ibn Khattab (may Allah be pleased with him) said: We were sitting with the Holy Prophet (sa) one day, when a unknown inquirer appeared to us. His clothes were brilliantly white, his hair jet black but there was no sign of traveling upon him. He sat down in front of the Prophet (sa) and their knees touched. Placing his hands on his thighs he said: Prophet Muhammad (sa) tell me about Islam. The Prophet (as) replied: Islam is that you bear witness that there is no god except Allah, and that Muhammad is His Messenger, and that you establish the prayer, pay the obligatory charity, fast the month of Ramadan and make the Pilgrimage to the House (the Kabah in Mecca) if you can afford it. Then to our surprise the man confirmed the correctness of the answer saying: That is correct. Then the inquirer said: Tell me about faith. To this the Prophet (sa) replied: It is that you believe in Allah, His Angels, His Books, His Messengers, the Last Day, and that you believe in predestination (that which Allah has decreed). Again the inquirer said: That is correct, now tell me about Perfection. The Prophet (sa) replied: It is that you worship Allah as if you are seeing Him, and if you do not see Him, know that He is watching you. The inquirer asked again: Tell me about the Hour of Judgement. The Prophet (sa) replied: He who is being asked knows no more about it than the one who asks. So the inquirer asked: Tell me about some of the signs of its approach. To this the Prophet (sa) replied: The female slave will give birth to her master, and the bare-footed, naked, penniless goat-herders will live arrogantly in high mansions. Then the man departed, and I remained for a while. The Prophet (sa) asked me: Umar (s), do you know who the inquirer was? I replied: Allah and His Messenger (sa) know best. So he told me: It was Gabriel who came to teach you your Religion. *Chapter 5.2.0: ISLAM 5.2.1 Islam is to bear witness that there is no god except Allah and that Muhammad is the Messenger of Allah, and to perform the prayer, pay the obligatory charity, fast the month of Ramadan, and perform the pilgrimage to the House if you have the means.'' 5.2.2 Grand Shaykh Imam Nawawi said, The shaykh and Imam Ibn Salah (may Allah have mercy on him) said, Being a Muslim is outwardly established by one's saying the two witnessing of of Faith (Shahadatayn). The Prophet - may Allah venerate him and give him peace - only added the prayer, obligatory charity, the pilgrimage, and the fast of Ramadan because they are the most apparent and greatest of Islamic observances. One's submission (islam) is perfected through their performance and neglecting them suggests that one has dissolved or imperfect the terms of one's compliance. Moreover, the term faith (iman) encompasses all of the things by which Islam is explained in this Prophetic quotations (Ahadith), and indeed, all acts of obedience, for they are the fruits of the inner conviction that is the underlying basis of faith, and are what strengthen, complete, and preserve it.'' 5.2.3 The position of Muslim orthodoxy is that no Muslim becomes a non-Muslim through sin. Muslims of heretical sectarian groups and those of reprehensible innovations (bid`a) are not therefore non-Muslims (dis: w-47.2). 5.2.4 Any Muslim who denies something that is necessarily known (14.1.3 ) to be of the religion of Islam is adjudged a renegade and an unbeliever, unless he is a recent convert or was born and raised in the wilderness or for some similar reason has been unable to properly learn his religion. Muslims in such a condition should be informed about the truth, and if they then continue as before, they are adjudged non-Muslims, as is also the case with any Muslim who believes it permissible to commit adultery, drink wine, kill without right, or do other acts that are known to be unlawful (Sahih Muslim bi sharh al-Nawawi (Y-93), 1.147-50). *Chapter 5.3.0: TRUE FAITH (IMAN) 5.3.1 True faith is to believe in Allah, His angels, His Books, His messengers, the Last Day, and in destiny, its good and evil.'' 5.3.2 Belief in Allah. Muhammad Jurdani said, To believe in Allah means in His existence, His sole Divinity, that no one else participates in His attribute of Divinity or in the rights He has over His creatures), His Oneness and Uniqueness (wahdaniyya), and that He is characterized by every perfection and exalted above any imperfection or impossibility (dis:" 24.1). 5.3.3 Belief in angels. To believe in His angels means in beings created from light who are capable of changing form to assume various appearances. Believe means to be convinced that they exist, and are honored worshippers who do not disobey what Allah orders them to do, but do whatever they are commanded. Only Allah, the Most High knows how many there are, however, we are told in a Prophetic quotation (Ahadith) that there is not a foot of space in the seven heavens that does not contain an angel either standing in prayer, bowing, or prostrating. We are obligated to know ten individual angels: 1. Jibril (Gabriel); 2. Mika'il (Michael); 3. Israfil; 4. `Azra'il; 5. Munkar; 6. Nakir; 7. Ridwan; 8. Malik; 9. and 10, the present observers who are our own scribes that record our deeds, one records our good deeds and the other our bad deeds. 5.3.4 Belief in the Books of Allah To believe in His Books means those which He revealed to His Messengers, believe meaning to be convinced that they are the word of Allah, the Most High, and all they contain is the truth. The obligation of belief applies to the original revelations, not the various scriptures in the hands of non-Muslims, which are textually corrupt in their present form. Scholars differ as to how many Books there are. Some hold they number 104, and some say otherwise. There is an obligation for one to know four particular Books: 1. the Tawrah (Torah), revealed to our master Musa (Moses); 2. the Injil (Evangel), revealed to our master `Isa (Jesus); 3. the Zabur (Psalms), revealed to our master Dawud (David); 4. and the Koran, revealed to our master Muhammad (may Allah bless all the prophets and give them peace). 5.3.5 Belief in Messengers of Allah To believe in His messengers means to be convinced that Allah, the Most High sent them to men and jinn (khalq) to guide them both to the path of the truth, and that they have told the truth about everything they have conveyed from Allah, the Most High. It is obligatory to know twenty-five particular messengers: 1. Adam; 2. Idris (Enoch); 3. Nuh (Noah); 4. Hud; 5. Salih; 6. Lut (Lot); 7. Ibrahim (Abraham); 8. Isma'il (Ishmael) 9. Ishaq (Isaac); 10. Ya'qub (Jacob); 11. Yusuf (Joseph); 12. Shu'ayb; 13. Harun (Aaon); 14. Musa (Moses); 15. Dawud (David); 16. Sulayman (Soloman); 17. Ayyub (Job); 18. Thul Kifl (Ezekiel); 19. Yunus (Jonah); 20. Ilyas (Elias); 21. al-Yasa' (Elisha); 22. Zakariyya (Zacharias); 23. Yahya (John); 24. 'Isa (Jesus); 25. and Muhammad (may Allah bless all the prophets and give them peace). 5.3.6 Belief in the Last Day To believe in the Last Day means the Day of Resurrection, it is called the Last because it is not followed by night. Believe means to be convinced that it will come to pass with all it implies, including the resurrection of the dead, the reckoning, the weighing of their good deeds against bad ones, the passing over the high, narrow bridge that spans the Fires of Hell (sirat), and that on account of justice, some will go to Hell, and some to Paradise on account of the generosity of Allah. 5.3.7 Belief in destiny with its good and evil To believe in destiny with its good and evil means to be convinced that Allah, the Most High has ordained both good and evil before creating creation, and that all that has been and all that will be only exists through the decree of Allah, His predetermination and will. Early Muslims used to answer whosoever asked about destiny by saying, 'It is knowing that what hits you was not going to miss, and what misses you was not going to hit." (al-Jawahir al-lu 'lu'iyya fi sharh al-Arba'in al-Nawawiyya (y-68), 35-37). 5.3.8 As for Allah's creating acts, we believe that the real doer or everything is Allah. He is the one who burns, not the fire or the person who lighted the fire; He is the one who cuts, not the knife or the person holding the knife. He is the one who drowns a man, not the water or the person who threw him in, and so forth. Here, people always raise the question that if Allah, the Most High is the real doer, why are people held responsible? The answer is that Allah, the Most High does not hold people responsible for creating the act, but rather for choosing the act. One proof of this is that a person who cannot choose is not held responsible, such as someone asleep, insane, a child, forced, unremembering, or someone who makes an honest mistake. The legal responsibility of such people is lifted because they lack full voluntary choice. Another proof is that Nimrod sinned because he choose to burn Abraham (peace be upon him) even though Abraham did not burn (Koran 21.69); and that Abraham (peace be upon him) became the Friend of the All-merciful for choosing to sacrifice his son out of obedience to Allah, even though his knife did not cut and his son was not sacrificed (Koran 37.105). All of this shows that the worshipper is held responsible for his choice, which scholars of the Divine Oneness (tawhid) term the worshipper's acquisition (kasb). As for the eternally preexistent knowledge of Allah, we believe that Allah knows everything before, during, and after it is, and He knows how it is when it occurs. But does the worshipper have acess to this knowledge? Not at all. So the worshipper chooses to do acts on the basis of a desire within himself, not because he knows the knowledge of Allah, and he is held responsible for his choice even though it corresponds with the eternally preexistent knowledge of Allah. It is clear from the above that belief in destiny means that Muslims believe Allah has destined and ordained matters in past eternity, and that nothing in existence lies outside of His eternal will, and He is the Creator of everything, while the worshipper is only held responsible for his own choice (MuThakkirai fi al-tawhid (y-113), 41-12). *Chapter 5.4.0: THE PERFECTION OF FAITH (IHSAN) 5.4.1 "The perfection of faith is to worship Allah as if you see Him, and if you do not see Him, He, nevertheless sees you." 5.4.2 Muhammad Jurdani says, To worship Allah as if you see Him means to obey Him while being sincere in His worship, humble, lowly, and fearful, as though you behold, Him. And if you do not see Him, He nevertheless sees you means that if you are not as if beholding Him in worship, but oblivious to this contemplation, you should nevertheless persist in the excellence of performance and imagine yourself as being before Allah, the Most High and know that He is looking at your innermost being and outward self, to thereby attain the basis of perfection. Scholars mention that there are three spiritual stations a worshipper may have in his worship: 1. to worship in a way that fulfills its obligations, by observing all its conditions and integrals; 2. to do this while immersed in the sea of gnostic revealing until it is as if the worshipper actually beholds Allah, the Most High, this being the station of contemplative spiritual witnessing; 3. and to worship as mentioned above, though mainly aware that Allah sees one, this being the station of vigilance (muraqaba). All three are the perfection of faith (ihsan), but the perfection required for the validity of worship is only the first, while perfection in the latter senses is the mark of the elect, and not possible for many (al-Jawahir al-lu'lu'iyya fi sharh al-Arba'in al-Nawawiyya (y-68), 37-38). *BOOK 6: Description of Prophet by Imam Tirmithi The essence of this work has been extracted from the collection of Prophetic Quotations (Ahadith) by the famous compiler and transmitter Imam Tirmithi WHAT DID PROPHET MUHAMMAD LOOK LIKE? WHAT IS HIS GENEALOGY? WHAT WERE HIS CHARACTERISTICS? WHAT DID HE WEAR AND WHAT DID HE POSSESS? PROPHET MUHAMMAD'S GENEALOGY: His parents were Amina, bint Wahb and Abdullah, son of Abd Al Muttalib, the son of Hashim, son of Abd Manaf, son of Ksay, son of Kilab, son of Murrah, son of Ka'b, son of Lu'ayy, son of Ghalib, son of Fihr, son of Malik, son of Nadir, son of Kinanah, son of Khuzayma, son of Ilyas, son of Mudar, son of Nizar, son of Ma'ad, son of Adnan, son of Udd, son of Udad, son of Al Yasu, son of Yashub, son of Hamil, son of Kaydar, son of Prophet Ishmael, son of Prophet Abraham, son of Azar, son of Tarikh, son of Yahur, son of Ushru, son of Arghu, son of Kalun. son of Faligh, son of Amir, son of Shaligh, son of Arfakhshad, son of Shem, son of Prophet Noah, son of Malik, son of Mattushalakh, son of Akhnukh, son of Yard, son of Mahla'il, son of Kinan, son of Anush, son of Kinan, son of Shith, son of Prophet Adam Peace be upon all the Prophets AN INSIGHT INTO HIS NOBLE CHARACTER, NATURE AND PHYSICAL FEATURES: No written description of our beloved Prophet, praise and peace be upon him, can ever do justice to his exceptional beauty. Lady Ayesha, the wife of the Prophet, may Allah be pleased with her, described him as being more handsome than Prophet Joseph for whom the wives of Pharaoh's ministers slit their hands on account of his handsome appearance. She said: "If the friends of Zulayka had seen the blessed face of the Messenger of Allah, praise and peace be upon him, they would have cut their hearts instead of their hands!" A portion of Prophet Muhammad's inner beauty manifested itself externally and illuminated his very being. Kurtubi, a great scholar of Islam, said that if his entire beauty had been made manifest, it would have been impossible for anyone to look at him. SELF DESCRIPTION: The Prophet, praise and peace be upon him, said: "The prophets were shown to me. I saw Moses, peace be upon him, he had a slender body, like a man from the tribe of Shanuah. I saw Jesus, peace be upon him, from all those I have seen, he resembles Urwah, the son of Masood. I saw Abraham, peace be upon him, and from all those I have seen I most resemble him.. " HIS FACE: His complexion has been described as being somewhat delicately wheaten in color or whitish with reddish tones. His face was luminous, almost round, but not round, and frequently compared to the beauty of the full moon when it reached its zenith. He had a broad forehead and his eyebrows were separate and thick with densely fine hair. When the Prophet, praise and peace be upon him, became displeased a vein between his eyebrows became enlarged. His eyes were jet-black and his eyelashes long, mascared with kohl made from ithmid that he applied thrice to each eye before sleeping. Our Prophet, praise and peace be upon him, tells us that: "... kohl made from ithmid used on the eye brightens the eyesight. Also, it strengthens and increases the growth of the eye lashes." His companions said that even when he did not use kohl, his eyes looked as if he had. His nose was prominently distinguished. His cheeks were smooth and well covered whilst his proportionally perfect mouth was neither large nor yet small. His teeth were bright, slim and evenly spaced, however, the space between his front teeth was slightly larger. As for the thickness of his beard, it was dense. His hair was slightly wavy, sometimes it was cut short and at other times he wore it nearly shoulder length. When his hair had the tendency to part itself in the middle he wore it that way, otherwise he did not dress it in that fashion. His habit was to use oil on his hair and in order not to soil his turban he would place a piece of cloth between it and his hair. When he went on pilgrimage to Mecca, he would shave his hair. The Prophet, praise and peace be upon him, would dress his hair and his beard using his right hand. It was not his practice to dress his hair every day, in fact, he prohibited it, unless there was a valid reason, and would dress his hair every third day.1 1. These chapters mention the Day of Judgement, the blowing of the trumpet, hell, and its punishment. The Prophet, praise and peace be upon him, said: "If you knew what I know, you would laugh but a little and cry a lot. You would even stop going to your wives." In later life, the Prophet had several silver hairs on his temples. It has been reported that they ranged between fourteen and twenty. The accuracy of these reports is equally valid as they came over a period of time. One day, when Abu Bakr first noticed the silver hairs, he said: "O Messenger of Allah, you have become old," whereupon the Prophet, praise and peace be upon him, said: "The recitation of the chapters Hud, Waki'ah, Mursalat, 'Amma and Kukkirah have made me old."2 2. The scholars of Islam teach that this means it is prohibited at such times when there is no need to dress one's hair. If it needs to be dressed, there is no harm in it It was the practice of elderly men to dye their hair before they went off to fight to disguise their age. According to the Shafi and Hanafi schools of jurisprudence, the Prophet, praise and peace be upon him, either forbade or disapproved the use of a completely black dye except in war but permitted the use of henna, which is a reddish dye, and approved its mixing with katm, which is a black dye extracted from a certain grass. However, the katm must be used in a lessor quantity in order that the hair does not become totally black, rather, a darker tone of red. Scholars are uncertain whether or nor the Prophet dyed his hair. Some say that he did so occasionally but not regularly. The reason given for their doubt as to whether or not he used a dye is that very often before dark hair changes color it turns reddish, therefore the reddish hair mentioned in several Prophetic Quotations (Ahadith) could have been natural, and not a dye. HIS NECK, SHOULDERS, SEAL AND TORSO: The Prophet, praise and peace be upon him, had well-covered broad shoulders and between them lay the Seal of his prophethood. The seal was a piece of raised flesh approximately the size of a pigeon's egg surrounded by hair. Between his broad chest and navel grew a fine line of hair, as for his bones they were large and well proportioned. He was a man of medium stature, neither thin nor fat. HIS FEET: The soles of his feet were fully fleshed whereas his heels were slim. HIS MANNER OF WALKING: The Prophet's walk is described in the Prophetic quotations (Ahadith)s as being "Yatakaffaoo". The scholars of Islam interpret this word in three ways. There are those who are of the opinion that it means he walked at a fast pace, whilst others say it means he leaned forward a little as he walked; and the third opinion is that he lifted his leg forcefully. We also learn from the Prophetic Quotations (Ahadith)s that he walked quickly and took long strides rather than short ones. We do know that he never walked haughtily with his chest puffed out with pride, nor did he scuff his feet as he walked. When walking with his companions he always asked them to walk in front of him on account of his modesty. When he was on a journey he rode at the back so that he could be with the weak or bereaved. Whenever he met someone, he was always the first person to greet with peace. HIS MANNER OF LOOKING: One Prophetic Quotations (Ahadith) informs us that it was his custom to always look down towards the ground, and another says that he gazed up towards the sky. The Prophetic Quotations (Ahadiths) do no contradict one another as the Prophet, praise and peace be upon him, in day-to-day affairs, modestly looked towards the ground whereas when he awaited a Revelation he would look towards to sky. He never stared at anything. HIS HEIGHT: It has been reported that he was a little taller than the average man, however, when he was amongst tall people his height was miraculous altered so that he became taller than those in his company. HIS AGE: There are authentic Prophetic Quotations (Ahadiths) that differ concerning his age. However, the scholars of Islam are of the opinion that this difference arose on account of some companions not counting the year he was born and the year he died. The consensus is that he was sixty-three years old when he was laid to rest. HIS BATHING: None of the wives of the Prophet, praise and peace be upon him and his family, saw his private parts, neither did he see theirs. HIS MANNER OF COMMUNICATION: When the Prophet, praise and peace be upon him, spoke to anyone, he would not just turn his face in order to converse, rather, he would either turn his whole body towards that person, or turn his face and torso in order to speak to the person directly; he was not proud man. It was not his practice to glance to the side when he spoke with anyone. His speech was deliberate and clear so that those sitting in his blessed company would remember what he said. When he wished to stress a point, he would repeat it three times. It was not his custom to indulge in frivolous talk. HIS STORY TELLING: The Prophet, praise and peace be upon him, would often tell his wives stories and each story contained a guiding moral. HIS MANNER OF LEANING: It has been reported that the Prophet, praise and peace be upon him, would lean against a pillow placed on his left side, however, he never leaned against anything whilst eating. During his last illness, Fadl entered his room and found him wearing a yellow band around his forehead. After they had exchanged greetings he asked Fadl to tighten the band around his noble head, which he did. Then, he sat up and stood up supporting himself on Fadl's shoulder and entered the Mosque. When the Messenger of Allah, praise and peace be upon, was ill he would rest his head against one of his wives or companions. When he passed away, his head was leaning upon Lady Ayesha, may Allah be pleased with her. HIS MANNER OF EATING AND DRINKING: He ate with his right hand and would lick his fingers clean. Sometimes he used three fingers, at others five. He never ate food from a table, nor a small plate, nor did he eat pita type bread. He ate from a leather cloth and did not cut his meat with a knife, rather, he would bite off a piece and chew it. The Messenger of Allah, praise and peace be upon him, drank from a large wooden cup with a metal lining. He also drank from a water-skin with a cleaned spout. When the Prophet, praise and peace be upon him, drank from the water of Zamzam, he stood. However, on most occasions he sat. He advocated drinking in smallish sips rather than gulping down all at once. This blessed advice not to drink in one gulp is now proven to be detrimental to the liver and stomach. HIS BREAD AND FOOD: His bread was made from stone ground barley flour, which has a coarse texture. A sieve was never used to refine the flour therefore large particles of grain often remained which were extracted. As for the quantity of bread, there was never sufficient bread in his household with which to fill his stomach. Many a night he and his family would go to bed without having eaten because there was no food. It was the custom of the Holy Family to give away their food to those in need, seeking a reward from Allah, the Most High. He advocated the use of olive oil not only for cooking but for massage. He also used vinegar and would eat the meat of fowl. He ate honey, the meat of goat and lamb with a preference for the meat of a shoulder of lamb. Amongst the other things he ate were dates. One day the Prophet, praise and peace be upon him, found some dates that had fallen on the ground. He told his companions he would have eaten them if he could have been sure they were not originally intended to be given in charity, for it is forbidden that he or his family should eat from charity. He also ate cucumber and water-melon with dates. Dates were also soaked in water to provide a sweet drink, however, they were never left long enough to ferment. The Prophet, praise and peace be upon him, would drink water and milk. Lady Ayesha, may Allah be pleased with her, said that he liked a drink that was cold and sweet. When he was given milk he would supplicate saying: "O Allah, grant us blessing in it and increase it for us." He also told his companions that there is nothing that serves both as food and water other than milk. It was the custom of the Prophet, praise and peace be upon him, to feed his companions before he, himself ate. HIS MANNER BEFORE AND AFTER EATING: The Prophet, praise and peace be upon him, always said: "Bismillah" before he partook of his food. One day as he and his companions were eating a hungry man joined them and forgot to say Bismillah, as he was about to take the last bite he remembered and said: "Bismillah in its beginning at end", whereupon the Prophet, praise and peace be upon him, informed that until that point satan, the stoned and cursed, had been eating with him, but when he heard him say this he vomited all that he had eaten. One day Omar, Abi Salamah's son entered while food was being served. The Prophet, praise and peace be upon him, invited him to sit down and told him: "O my son, come near and recite Bismillah and eat with your right hand from the portion which is in front of you." He also told his companions to use their right hand alone to eat and drink with as satan eats and drinks with his left hand. After he finished eating he would thank Allah saying: "Praise be to Allah who fed us, and given us drink, and made us Muslims." HIS SLEEPING: Each night before he slept, the Prophet, praise and peace be upon him, would lay down on his right side and supplicate: "O Allah, in Your Name I live and die." When he awoke he would supplicate: "Praise be to Allah, who restored to us life, having caused us to die and to Him shall be the Resurrection." Lady Ayesha, may Allah be pleased with her, reported that before he slept he would cup his hands together, blow on them then recite the chapters Al Ikhlas, Al Falak, and An Nas then wipe his hands over the parts of his body he could reach, this he did three times starting with the head, then his face, followed by the front part of his body. HIS WORSHIP: Everything our beloved Prophet, praise and peace be upon him, did was an act of worship, and the following are but a few of the numerous examples. Although he was absolutely sinless and promised the highest rank in Paradise, a rank in which no other prophet has attained, it did not prevent him from offering a magnitude of voluntary prayers, which is an indication of our own need to increase and maintain the number of voluntary prayers we offer. The importance for us to offer voluntary prayer was often stressed by the Prophet, praise and peace be upon him. Our beloved Prophet, praise and peace be upon him, would offer such long prayers that his legs became swollen. One of his Companions asked him why he offered such lengthy prayers when Allah had forgiven him all his sins. The Prophet replied: "Should I not be a grateful worshipper?" It was his practice to sleep after the Isha prayer for the first portion of the night, then awake to offer his voluntary prayers until the time one would take breakfast before fasting. At that time he would offer the last prayer of the night, which is the Witr prayer. Then, he would return to his apartment and sleep until the call for the Dawn prayer was made, when he would make either the major or minor ablution in readiness for the prayer. The voluntary night prayers of the Prophet would commence with two short units of prayer followed by very long units of prayer that varied in number. Sometimes he would offer ten units of prayer followed by the Witr making a total of thirteen -- this number was never exceeded -- then other times he would offer eight units of prayer followed by the Witr prayer. Whenever he was unable to offer his prayer during the night, Lady Ayesha, may Allah be pleased with her, said that he would offer twelve units of prayer before mid-day. She also commented that he offered his prayers in the most perfect manner. There was a time when she asked him: "O Messenger of Allah, praise and peace be upon him, do you sleep before you offer Witr?" He replied: "O Ayesha, my eyes sleep, but my heart remains awake." This blessed state is a special gift bestowed upon the prophets. During Ramadan he would offer many of the Taraweeh prayers in the Mosque, and told his companions that those who stand with sincere faith and hope in prayer during the Night of Al Kadr will have their sins forgiven. When he did not offer his Taraweeh prayer with the congregation he would offer them at home. When he was ill, the Prophet, praise and peace be upon him, would offer his prayer sitting down until between thirty and forty verses remained when he would stand and recite them, then he would bow and prostrate, he did the same in the second unit of prayer. Omar reports him as having offered two units of prayer before and after the mid-day prayer, and two units of prayer after the evening prayer and two units of prayer after the night prayer with the Prophet, praise and peace be upon him. HIS FAST: Other than the obligatory fast of Ramadan, the Prophet, praise and peace be upon him, observed voluntary fasts. Lady Ayesha, may Allah be pleased with her, said that after the migration to Medina the Prophet, praise and peace be upon him, did not fast an entire month except for the month of Ramadan. She also says in another Prophetic quotation (Ahadith) that he would fast most of the month of Shaban. We are also told that he would fast some days of a month and none at all in another. Of the days he is known to have fasted Monday and Thursday received his special attention. Lady Ayesha, may Allah be pleased with her, reported the Prophet, praise and peace be upon him, saying: "I was born on a Monday, and the sending down of the Koran commenced on a Monday." Abu Hurayrah, may Allah have mercy on him, said: "Deeds are presented (to Allah, the Most High) on Mondays and Thursday. I desire that my deeds be presented whilst I am fasting." Lady Ayesha, may Allah be pleased with her, said: "Some months he would fast on Saturdays, Sundays and Mondays, whereas in other months he would fast on Tuesdays, Wednesdays and Thursdays." She also said that he did not fast on specific days, but whenever suitable. Abdullah the son of Masood reported that he seldom fasted on a Friday. He would also fast on the 13th, 14th and 15th day of the Islamic month, also on the tenth of Muharram and the 10th of Thul Hijjah. After the Prophet's migration he observed some Jews observing the fast on the tenth of Muharram, which is the fast of Ashura. He asked them why they were fasting and was told that it was the day on which Allah, the Most High, saved Prophet Moses, peace be upon him, from Pharaoh, and that it was also the day on which Allah, the Most High, drowned Pharaoh. They told the Prophet, praise and peace be upon him, that Prophet Moses, peace be upon him, would fast that day out of gratitude and happiness whereupon our beloved Prophet, praise and peace be upon him, said: "We are more entitled than you to follow Moses, peace be upon him." Thereafter the Prophet, praise and peace be upon him, ordered his followers to fast on that day. This fast was obligatory until the command came to fast the month of Ramadan, thereafter the Prophet said it was voluntary. To distance the Islamic fast of Ashura from that of the Jews, the Prophet, praise and peace be upon him, would fast either the day before Ashura or the day after. HIS RECITATION OF THE HOLY KORAN: Lady Umm Salamah, may Allah be pleased with her, said: "He recited every word separately and distinctly." She also said: "He recited: 'Praise be to Allah, Lord of the worlds' and paused, then recited, 'the Merciful, the Most Merciful and paused. He paused again after 'Owner of the Day of Recompense.'" When Lady Ayesha, may Allah be pleased with her, was asked whether the Prophet, praise and peace be upon him recited softly or audibly, she replied that he recited both ways. One day Umm Hani who lived in Mecca, said she heard the recitation of the Prophet, praise and peace be upon him, from the roof-top of her house. Scholars say this was due to the stillness of the night the voice travels further. When he opened Mecca, he rode his camel, Kaswa, reciting the following verses repeatedly: 'Indeed We have opened for you a clear opening, that Allah forgives your past and future sin, and completes His Favor to you, and guides you on a Straight Path.' Chapter 48 verses 1 - 2. Muawiyah, the son of Korrah, who was one of the narrators of this Prophetic Quotation (Ahadith) said that if he had not feared that people would surround him, he would have recited it in the same tone. The companion, Katadah, said that Allah gave every one of His prophets a beautiful feature and a beautiful voice, and that our Prophet, praise and peace be upon him, had both beautiful features and voice, but he did not recite in a melodious tone as is the custom of singers. HIS WEEPING: As previously explained, everything our beloved Prophet, praise and peace be upon him, did was out of humility, sincerity and love of Allah as well as seeking mercy for us. His crying was the same. One day Abdullah, the son of Masood, was asked by the Prophet, praise and peace be upon him, to recite some of the Koran to him, whereupon Abdullah asked: "O Messenger of Allah, praise and peace be upon him, should I recite it to you when it has been sent down to you?" The Prophet, praise and peace be upon him, said: "I love to hear it from another person." So Abdullah started to recite the chapter "Nisa" When he reached the verse 41 'How then shall it be when We bring forward from every nation a witness, and bring you to witness against those!' tears flowed from both the Prophet's eyes. Upon the death of one of the Prophet's daughters, Barakah, the longtime maid of the Prophet who was with him when his mother died, started to weep loudly. The Prophet, praise and peace be upon him, drew her attention to it, for uncontrolled weeping is forbidden. Whereupon she said: "Do I not see you crying?" he replied: "This crying is not prohibited, it is a mercy from Allah." Then he said: "A Muslim is at peace at all times, even when his soul is being taken away, he is busy uttering the praise of Allah." A TASTE OF HIS HUMILITY AND BLESSED CHARACTER: Allah, Himself testifies to the magnitude of the Prophet's character in the chapter "The Pen" verse 4 'Indeed, you are upon a mighty morality." Although our beloved Prophet, praise and peace be upon him, was chosen by Allah, the Most High, to be the His greatest prophet he remained a very humble person. He never disdained to visit the sick, attend funerals, ride a donkey, nor did he looked down upon using a rein woven from palm fiber or sitting upon a saddle of palm leaves at the Battle of Krayzah. He would accept invitations, even the invitation of those we called slaves, such was his manner that he would never refer to them as "slaves" but rather as being "youths" and so placate their heart. He never hesitated to accept the invitation of the poor; even when they served bread and old fat he neither refused nor offended them. Unlike emperors, kings and leaders, our beloved Prophet disliked it if any one stood up when he entered. When he entered his house he would divide his time into three portions, one portion for Allah, another for his family, and the other for himself, yet from his own portion he would give half of his time to his close companions who would visit him and ask questions, convey messages or requests from others. He taught his close companions things that were beneficial for his entire nation and told them to convey whatsoever he taught them, and encouraged them to ask on behalf of those less able to present their question, and never withheld a reply. He told his companions that whosoever informs a king of the need of another unable to express his need, Allah, the Most High, will keep that person steadfast on the Day of Judgement. He never wasted time listening to gossip, but as a matter of etiquette he would join in the conversation of his companions, no matter if they were speaking about religious or worldly affairs. Lady Ayesha, may Allah be pleased with her, said that he never hit anyone except in Jihad. Neither did he hit women. He respected and honored those who were respected and honored in their nation. He warned them of the punishment of Allah, mediated between people, praised and encouraged good deeds. He explained the harmful effects of bad things, removed and prevented them. He followed the middle course in all matters and never neglected to guide his followers. He was always truthful, and when he spoke to anyone that person felt the most honored. When he was asked for something, he never refused, and when he had nothing to give he would speak with kind words to the asker. He never refused to answer the question of a traveler and would say: "When you see someone in need, help them." One day a needy person went to the Prophet, praise and peace be upon him, and asked for something. The Prophet, praise and peace be upon him, did not have anything to give him at that time, so he told him to go and purchase whatever he needed and charge it to him. Omar heard the conversation and reminded him that he had already given away everything he possessed and told him that Allah had not made him responsible for that which was beyond his means. Without hesitation, an Ansar spoke up saying: "O Messenger of Allah, spend whatever you will, do not fear any decrease from the Lord of the Throne", whereupon the Prophet smiled and said: "Allah, the Most High, has commanded me to do this." One day Rubayyi, the daughter of MuawwiTh took the Prophet, praise and peace be upon him, some fresh dates and small cucumbers. The Prophet, praise and peace be upon him, had just been given some jewelry so he gave her either a handful of jewelry or gold. When someone joined him for any reason he would remain seated until that person left. His endearing disposition was not just for a few, but for everyone, he was like a father to them. He never thought it to be beneath him to mend his clothes nor help with the daily chores, and was always kind to children and would ask Allah to bless them. It was not his custom to concern himself in idle conversation nor yet to interrupt when someone was speaking. His gatherings were full of knowledge, modesty, patience and honesty. He neither degraded nor disgraced anyone. If someone had sinned, it was not made public. Little ones were loved, the needy given preference whilst strangers and travelers were cared for. Those in his household loved him dearly, not once did he rebuke them for not having done a certain thing, nor did he ever ask why someone had done such a thing. He never used obscene language, nor did he shout and talk in the bazars. It was not his way to avenge a bad deed with a similar deed, rather, he would forgive it and it would not be mentioned thereafter. He never sought the faults in anyone. Everyone received their rights, whether they were Muslims or non-Muslims. Even the unbelievers of Mecca testified to his honesty. He was never short-tempered, nor did he humiliate anyone. He always greatly appreciated the blessings of Allah no matter whether they were small or great. He did not criticize his food, nor over-praise it. He never became angered over any materialistic matter. When someone exceeded the limits in religious matters or against the truth, he became angry in a way that no one could endure, and turn away. He either forgave the offender or paid no attention to him. When he was happy, it was as if he almost closed his eyes, as for his laugh, it was for the most part a smile in which his blessed front teeth glittered like shining white hailstones. When he gestured towards something he would do so with his hand rather than by just pointing with one finger. The scholars say that this was yet another act of his humility as he would raise one finger as reference to Allah. When he was surprised by something he would turn his hand. He often spoke and used his hands. Sometimes he would hit the palm of his right hand with the underside of his left thumb. As for his modesty, he was more bashful than a virgin behind her veil. Lady Ayesha, may Allah be pleased with her, said that neither did she see his private parts nor he hers. There was a time when the companions went to the Messenger of Allah, praise and peace be upon him, complaining of their severe pangs of hunger and showed him the stones they had strapped against their stomach to stop it from swelling whereupon the Prophet, praise and peace be upon him, showed them the two stones strapped to his. There was also the time when the Prophet, praise and peace be upon him, and seven of his companions had nothing to eat except leaves. As a result their mouths became very ulcerated. When a young Jewish boy was taken seriously ill, he went to visit him and through his kindness towards him the boy embraced Islam before he died and saved from the fires of Hell. He even visited the hypocrite Abdullah, the son of Ubay, who had for a long time gone out of his way to try to ridicule the Prophet, praise and peace be upon him. There is a beautiful Prophetic Quotation (Ahadith) that tells the story of a Jewish rabbi. After the Prophet, praise and peace be upon him, migrated to Medina some of the sincere and knowledgeable Jews embraced Islam. Zayd, the son of Sanah was a knowledgeable Jew, he had studied his Scriptures well that described the time of the next prophet's appearance together with his characteristics and so he had awaited the coming of a new prophet. When the Prophet, praise and peace be upon him, arrived in Medina he was able to recognize all but two of the prophesied fine characteristic in the Prophet, praise and peace be upon him, and up until that time remained unsure as to his prophethood. The signs were that his gentleness would overcome his anger and that the more foolish a person acted towards him, the more patient he would become. One day as he was with the Prophet, praise and peace be upon him, a Bedouin came to him in a distressed state telling him that his tribe had embraced Islam, and that he had told them that if they became Muslims they would never again go hungry. Now that drought had stricken his land and food was in very short supply he told the Prophet, praise and peace be upon him, he feared they would leave Islam on account of his promise and so he had come to ask the Prophet for his help. Rather than rebuking the man for giving such an unprecedented promise, the Prophet, praise and peace be upon him, turned to a companion who informed him that there was nothing left to give. Zayd had been listening intently to the conversation and told the Prophet that he knew of a date palm grove from which he could purchase in advance, dates, that could be harvested when ripe and that the Prophet could repay him later. In the meantime he gave the Bedouin some gold to buy food for his tribe to tide them over until the date harvest, with the instruction to deal fairly with it. Some time later, after the dates had been harvested and given to the Bedouin, Zayd went to the Prophet, praise and peace be upon him. The Prophet had just returned for attending the funeral of one of his companions and was sitting near a well when Zayd went up to him, tugged at the hem of his robe and chided him for not having repaid his debt and accused all of Abdul Muttalib's children as being poor payers. Omar happened to be present and jumped to the Prophet's defense saying: "O enemy of Allah, what are you mumbling. I swear by Allah, that if I did not fear I would have your head severed!" The Prophet, praise and peace be upon him, looked up and smiled at Omar and told him: "Omar, this person and I are in need of something more. He should have told me to take care to fulfill his rights, and should have advised in a better manner when putting forward his claim. Go, take him and fulfill his rights, and because he was scolded give him in its place twenty extra measurements of dates as his right. Omar and Zayd went together and as Zayd received his rights he asked: "What is the reason for the excess amount of dates?" Omar replied: "The Messenger of Allah has commanded me to give it to you." Then Zayd asked Omar if he knew who he was and Omar replied that he did not, so he replied: "I am Zayd, the son of Sanah" whereupon Omar asked: "The learned man of the Jews?" whereupon Zayd told him he was the very same. Then Omar asked him what had caused him to behave in such a bad manner towards the Prophet, praise and peace be upon him. He replied: "Two signs from the signs of the Prophethood were left which I was not able to examine. The first was the gentleness of the Prophet that overrides his anger. The second was that the more foolishly a person acts towards him the more tolerant he becomes. Now I have examined both, therefore I make you a witness to my acceptance of Islam and give half my wealth to the nation of Prophet Muhammad, praise and peace be upon him. Omar and Zayd returned to the Prophet, praise and peace be upon him, and Zayd embraced Islam. Later on he became a martyr. HIS DEATH: At the same time each year, the Prophet, praise and peace be upon him, would suffer from the reoccurrence of the poisoned meat he had been given by a Jewess in Khybar. Its reoccurrence in the year in which he passed away was more severe than ever before. His illness began on the day in which he spent in Lady Ayesha's apartment with a headache. A day or so later when he was in the apartment of Lady Maymuna, may Allah be pleased with her, his illness worsened and knowing that he would feel better in the apartment of Lady Ayesha, may Allah be pleased with her, his wives were happy to have him taken to her apartment and relinquish their rights. Due to the severity of his illness, he was unable to lead his followers in prayer so he appointed Abu Bakr to lead them instead. A few days before he passed away, although it was obvious he was weak from his suffering, he felt a little better and asked to be assisted into the Mosque. When the congregation realized he was amongst them great happiness spread throughout the Mosque as they thought he must be recovering. After having offered his prayer sitting down he was taken back to Lady Ayesha's apartment for the last time. On a Monday, ten or eleven days later, our beloved Prophet, praise and peace be upon him, passed away after having dipped his hands in a cup of water that was beside him and wiped them over his blessed face as his head rested upon the either Lady Ayesha's chest or lap. As soon as Abu Bakr learned of his death he made haste to his daughter's apartment, and kissed the blessed forehead. It was the saddest day of all time. The companions did not know where to bury him, some thought it should be in Mecca whilst others thought differently. Then, one of the companions informed them that the Prophet, praise and peace be upon him, had told him that a Prophet is buried where he died, and so he was laid to rest in Lady Ayesha's apartment. The Prophet, praise and peace be upon him, left but a few worldly goods behind, one of which was a suit of armor pawned to a Jew, a donkey, and a piece of land which he had said was to be charity and the ring which he used as a seal. When Abu Bakr became caliph the ring was given to him and passed in succession to Othman during whose time it was lost. The donkey, duldul, pined so much for her master that she threw herself into a well and died. THE PROPHET'S POSSESSIONS AND CLOTHING HIS BED: Our beloved Prophet, praise and peace be upon him, slept upon a hard leather mattress stuffed with the fiber of palm trees. The mattress was so hard that the palm fiber marks left welt marks upon his blessed body when he arose. One night Lady Ayesha, may Allah be pleased with her, decided to fold the mattress in four so as to make it a little more comfortable. The next morning the Prophet, praise and peace be upon him, asked what she had spread out for him that night, so Lady Ayesha, may Allah be pleased with her, told him what she had done. The Prophet, praise and peace be upon him, told her to return it to had it had been because its softness deprived him from his voluntary prayers -- this was because the softer mattress had caused him to sleep more soundly than when he slept on a hard mattress. HIS TOOTHBRUSH: The Prophet, praise and peace be upon him, would clean his teeth with the splayed end of a miswak twig. HIS NATURAL FRAGRANCE AND USE OF PERFUME: The Messenger of Allah, praise and peace be upon him, was blessed with a natural fragrance quite unlike any other in the world. It has been described as being nicer than either amber or musk. Such was its sweetness that when he perspired, his wives collected his perspiration and used it to perfume themselves. He recommended the use of perfume to his companions saying: "The perfume of a man is a fragrance that spreads and has less color. The perfume of women has more color and is less fragrant." The scholars explain this to mean that men should wear a heavy fragrance whereas women should use a light fragrance but should avoid wearing it when going out. HIS CLOTHING: The Prophet, praise and peace be upon him, preferred to wear a cotton thowb, which is a long gown. Sometimes the sleeves would be long, reaching as far as his wrist, but never covered his fingers. Other times the sleeves would be shorter, as for its length he would either wear one that reached to just above his ankles or one that reached halfway down his calf. He did not have two thowbs at the same time. We are also told that the waist wrap he liked most was one made from printed Yemani cloth that is reported as being green. His waist wraps would never exceed the length of his ankles. It is also forbidden for a man to wear his clothes longer than this. At another time he wore a red garment, however it was a color for him alone to wear because he forbade other men to wear red garments. As for garments dyed a saffron color, he forbade their wearing, however, if a saffron color garment becomes so very faded that no trace of the color remains, it can be worn, as the Prophet, praise and peace be upon him, once wore such a sheet. Lady Ayesha, may Allah be pleased with her, reported that one day the Prophet, praise and peace be upon him, left the house in morning wearing a sheet made of black hair. The Prophet, praise and peace be upon him said: "Choose white clothing, as it is the best clothing. White clothing should be worn whilst living, and the dead should be buried in white." During an illness as he was assisted by Anas to leave his apartment he wore a patterned Yemeni shawl. When he received a new garment he would supplicate saying: "O Allah, all praise and thanks to You for clothing me with this. I ask You for the good of it and the good of what it was made for, and I ask Your protection from the evil of it and the evil of what it was made for." Lady Ayesha, may Allah be pleased with her, said: "... he possessed only one of each, a thowb, body wrap, shoes or any other clothing, he never had two of anything (at one time)." HIS LEATHER SOCKS: Our beloved Prophet, praise and peace be upon him, wore different types of leather socks. One day when he and some of his companions were in a wooded area he took off his leather socks and placed them to one side. After a while he put his right sock on and was about to put on the left one when a crow swooped down, flew away with it and then dropped it. Unobserved by everyone, a snake had found its way into the sock and when the crow dropped the sock the snake fell out. The Messenger of Allah, praise and peace be upon him, praised Allah and from that time onward warned that socks should be checked before putting them on. There were occasions when, after the Prophet had made wudu he put on a pair of leather socks. When the next time for prayer arrived and it was necessary for him to renew his ablution, he did not remove his socks but wiped his damped hands over the top of them. HIS SHOES: The Prophet, praise and peace be upon him, wore sandals with leather soles and two straps. At that time, it was common for sandals to be made without removing the hair of the animal. We are told by Annas, one of his companions, had seen his shoes and there was no hair on them. He warned not to wear just one shoe by itself and told his companions to either wear a pair of shoes or none at all. HIS TURBAN: The Prophet, praise and peace be upon him, had two sizes of turbans. One was smaller than the other. The length of material in the smaller of the two was six cubits, whereas the material in the larger one was twelve. (A cubit is the approximate length of the forearm). At the opening of Mecca, the Prophet was seen wearing a black turban as he entered the City. More often than not, he would wear his turban with the end piece hanging down at the back, however, he would sometimes wear it with the end piece hang over his right shoulder. He also wore a yellow turban. HIS RING: The Prophet, praise and peace be upon him, had a silver ring with a gemstone from Abyssinia which he used as a seal. There was a time when he did not have a ring. However, when Islam started to spread and he began to write letters of invitation to Islam to the Emperor of Rome, the King of Persia, and so on, he was informed that none of these heads of state would accept a letter unless it bore a seal. The ring was made in either the 6th or 7th year after his migration to Medina. His ring was inscribed on three lines, the first inscription read "Muhammad", the second "Messenger" and the third "Allah". The scholars are of the opinion that he was given several rings, however, he did not wear a ring every day and would remove his ring when praying. When he wore the ring which had the Name of Allah inscribed upon it he would remove it from his finger before going to the toilet. When he wore an ordinary ring he would sometimes wear it on either his right or left hand. Before it was forbidden for a man to wear gold, the Prophet, praise and peace be upon him, had a ring made of gold, as did some of his companions. When the injunction came, he said: "I will never wear it again." When the Prophet, praise and peace be upon him, passed away, the ring bearing the seal was passed on to Abu Bakr, then subsequently to Omar and then Othman. During the caliphate of Othman, Muaykeeb was entrusted with its safekeeping. One day as Othman and Muaykeeb were sitting by the well of Arees, near the Mosque at Kuba, Muaykeeb handed the ring to Othman however the ring fell from their hands into the well. Othman immediately ordered the well to be searched but to no avail. Water was hauled up for two days but there was no sign of the ring, it had been lost for ever. HIS SWORD: It was the custom of the Prophet, praise and peace be upon him, to name things. He named his sword "Dulfikkar" and its hilt was made from silver. The sword was liked those of the tribe of Hanifah who were famous for the sword making skills. HIS ARMOR: The Prophet, praise and peace be upon him, possessed seven suits of armor all of which were given a name: Thatul Fadl, Thatul Hawashi, Thatul Wishah, Fiddah, Saghhdiyyah, Tabra and Kharnag. At the time of the Prophet's death, Thatul Fadl was in pawn to a Jew. At the Battle of Uhud, which was a very fierce battle, he wore two suits of armor, one on top of the other, they were those he named Thatul Fudl and Fiddah. He also wore a helmet. CONCLUSION: All those blessed to see Prophet Muhammad, praise and peace be upon him, could only describe his noble, blessed features by saying: "I have not seen anyone like the Messenger of Allah, praise and peace be upon him, neither before nor after him." Therefore, it is impossible for us in this day and age to comprehend the magnitude of his beauty, either physically or inwardly. By attempting to mirror his ways there are tremendous blessings that are rich in reward. May Allah praise and venerate our beloved Prophet Muhammad, the best of all His creation. *BOOK 7: THE VALIDITY OF FOLLOWING QUALIFIED SCHOLARSHIP CONTENTS 7.1.0 Introduction 7.1.2 Meaning of Qualified Scholarship 7.2.0 Koranic Evidence for Following Scholars 7.3.0 Practice of the Companions of the Prophet (Sahaba) 7.3.2 Religious knowledge was taken by following the Companions 7.3.3 Those who issued opinions but sometimes did not mention evidence 7.3.4 Dispatching of scholars by the Prophet to distant places 7.3.5 Succeeding generations followed the examples of the companions 7.4.0 Rational evidence to support following the specialists in religion 7.5.0 Obligation to follow qualified scholars 7.5.1 The opinion of the leading jurist is considered an evidence to the common man 7.6.0 Why qualified scholars differ on legal matters 7.6.1 Probabalistic versus unquestionable evidence 7.6.2 Example of a question upon which scholars differ 7.7.0 Scholarly consensus (Ijma) 7.7.1 Meaning of consensus 7.7.2 Scholarly consensus is legally binding 7.7.3 Koranic evidence 7.7.4 Evidence of prophetic quotations (Prophetic Quotations (Ahadith)) 7.7.5 Scholarly consensus and the four Sunni schools of jurisprudence 7.7.6 Why one may not follow other than the four schools of jurisprudence *Chapter 7.1.0: Introduction 7.1.1 Shaykh Muhammad Said Buti posed the question, When one is incapable of issuing an expert legal opinon (ijtihad) on matters pertaining to the Sacred Law, what is the proof that the authoritive, qualifed scholars (taqlid) opinion is legally valid and even obligatory? There are several aspects 7.1.2 Meaning of qualified scholarship For the key term qualified to issue expert legal opinion (mujtahid. this ability being ijtihad) please turn to book o and read 9.22.1(d) the qualifications of an Islamic judge (qadi). The difference between the qualifications for the imam of a school, and those for a judge or a mufti is that the former's competence in giving an opinion is absolute. This extends to all subject matters in the Sacred Law, whereas the competence of the judge or mufti is limited respectively to judging court cases or to applying his imam's ijtihad to particular questions. Throughout the history of Islam there has never been a period devoid of people competent in ijtihad to address new issues. It is an important aspect of Sacred Law to apply the sound Islamic legal methodology based on the Koran and Prophetic quotations (Ahadith) primary texts to provide solutions to new, ethical problems. However, while in this specific sense, the door of ijtihad is not and cannot be closed, Islamic scholarship has not accepted anyones claims to absolute itihad since Imams Abu Hanifa, Malik, Shafii and Ahmad. If one studies the intellectual legacy of these jurists under scholars who have a working familiarity with it, it is not difficult to see why. As for those who decry "inflexible conservatism" and would open the gate of ijtihad for themselves while lacking, or possibly not even knowing the necessary qualifications, if such people have not studied the rulings of a particular school and the relation between these rulings, the Koranic and Prophetic Quotations (Ahadith) primary texts, and the school's methodological principles, they do not know how ijtihad works from an observer's standpoint, let alone how to employ it. To ask them, for example, which of two equally authenticated primary texts that conflict on a legal question should be given precedence, and why, is like asking an aspiring drafting student for the particulars of designing a suspension bridge. Answers may be forthcoming, but they will not be the same as those one could get from a qualified contractor. To urge that a mujtahid is not divinely protected from error (ma'sum) is as of little relevance to his work as the fact that a major physicist is not divinely protected from simple errors in calculus; the probability of finding them in his published work is virtually negligible. Regarding other, long-dead schools, such as the Zahiriyya, the difference between their work and that of the four living schools of jurisprudence is firstly one of quality, as their positions and evidence have not been re-examined and upgraded by succeeding generations of first-rank scholars like those of the four schools (dis:w-12), and secondly the lack of verification of the actual positions of their Mujtahid's through reliable chains of transmitters, as described below at 7.7.6. *Chapter 7.2.0: The Koranic evidence for following scholars 7.2.1 (Muhammad Sa'id Buti;) The first aspect of it is the Word of Allah, the Majestic. "Ask the people of the Remembrance, if you do not know." (Koran 16.43). By consensus of all scholars (ijma.def:7.7), this verse is an imperative for someone who does not know a ruling in Sacred Law, or the evidence for it, to follow someone who does. Virtually all the scholars of the fundamentals of Islamic law have made this verse their principle evidence that it is obligatory for the ordinary person to follow the scholar who is a mujtahid. 7.2.2 Similar to the above verse in being evidence for this is the Word of Allah, the Most High, The believers should not go forth altogether, rather, a party from each section should go forth to become well versed in the religion, and when they return to their people warn them in order that they may beware. (Koran 9.122). From this verse it is learned that Allah prohibited the total Muslim community to engage themselves in military expeditions or jihad. He ordered that a section of the community stay behind to become more knowledgeable about Islam, so upon their brothers return they would find those who were qualified to give a legal opinion on both lawful and unlawful matters, and that they would also be able to explain the rules of Allah, the Glorious and Exalted (ibid., 71). *Chapter 7.3.0: The practice of the companions of the Prophet (Sahaba) 7.3.1 Shaykh Muhammad said Buti said, A second aspect is the consensus of scholars that the companions of the Prophet (Sahaba, anyone who personally met the Prophet - may Allah venerate him and give him peace - and died while believing in Islam) had reached various degrees of religious knowledge. However, not all of them were capable of giving formal legal opinion (fatwa), as Ibn Khaldun noted, Nor was the religion taken from all of them. 7.3.2 Religious knowledge was taken by following the Companions: Amongst all the companions there were a small minority capable of passing a legal opinion and ijtihad. Then, there were those who sought legal opinion and followed others therein, and these constituted the vast majority. Suyuti, in Tadrib al-rawi, quotes Ibn Hazm's report that thousands of the companions said that most of the companions legal opinions were taken from seven companions, namely, 'Umar, Ali, Ibn Mas'ud, Ibn Umar Ibn Abbas, Zayd ibn Thabit, and Lady Ayesha. Tadrib al-rawi fi sharh Taqrib al-Nawawi(y-109), 2,219. 7.3.3 Those giving opinions did not mention evidence When giving a legal opinion the companion did not necessarily mention its evidence to the inquirer. Al-Amidi notes in his book Al-lhkam, "As for scholarly consensus [ijma dis: 7.7.2] it is that ordinary people during the times of the Companions and those who immediately followed them, before there were dissenters, used to seek the opinion of mujtahids and would follow them in rules of Sacred Law. The learned among them would unhesitatingly answer their questions without alluding to mention of evidence. No one censured them for doing this; a fact that establishes scholarly consensus on the absolute permissibility of the ordinary person following one capable of ijtihad." 7.3.4 The Prophet dispatched scholars to various peoples It was the practice of the Prophet - may Allah venerate him and give him peace - to dispatch the most knowledgeable of the Companions to places whose inhabitants knew nothing more of Islam than its five pillars. The latter would follow the Companion sent to them in everything he gave judgment upon and instructed them in good deeds, acts of worship, dealing with one another, and all matters pertaining to that which is lawful and unlawful. Occasionally, the Companion would come across a question on which he could find no evidence in the Koran or Prophetic practice, in this event he would use his own personal legal reasoning and furnish an answer in light of it, and the inquirer would follow him therein. 7.3.5 Succeeding Generations Followed the Example of the Companions In the succeeding generations (tabi'in, those who had personally learned from one or more of the Companions, but not the Prophet himself - may Allah venerate him and give him peace - ), the scope of legal reasoning had expanded. However, the Muslims during this era followed the same course as that of the Companions of the Prophet - may Allah venerate him and give him peace - , except that the legal efforts were represented by the two main schools of thought; that of juridical opinion (ra'y) and that of Prophetic quotations (Ahadith) because of the methodological factors we previously mentioned when we quoted Ibn Khaldun. Occasionally there were discussions and intense disputes between leading representatives of the two schools, however, the ordinary people and students who had not reached that degree of understanding remained unconcerned with the disagreement, and without censure followed whosoever they wanted, or whosoever was near to them. (al-LamaThhabiyya akhtar bid'a tuhaddidu al-shari'a al-Islamiyya (y-33), 71-73). *Chapter 7.4.0: Rational Evidence for Following Specialists 7.4.1 Shaykh Muhammad said Buti said, A third aspect is the obvious rational evidence and about which Shaykh Abdullah Diraz said, Assuming a person does not have the qualifications for ijtihad, the logical proof is that when a particular ruling arises, either he will not worship at all which all scholars concur is impermissible or, if he does worship it will either be by examining the proof that verifies the ruling, or by following a competent authority. The former is inadmissible because it would lead, in respect to him and all others like him, to an in-depth examination of the evidences for all such instances, preoccupation with which would obviate the earning of livelihoods, disrupt trade and occupations, running the world by neglect of tillage and offspring, and preventing any one's following another's ijtihad, thereby placing everyone under the most extreme hardship. The sole remaining alternative is to follow another, which is the means through which one must worship in such a case" (ibid.,73). *Chapter 7.5.0: The Obligation to Follow Qualified Scholars 7.5.1 Mujtahid's Opinion is Evidence for Non-specialists Shaykh Muhammad reported Shaykh Buti as saying, It is because scholars accept the evidence of Koran, Prophetic practice and reason as complete and intersubstantiative that ordinary people or those who have studied but not reached the level of textual deduction and ijtihad must follow a qualified mujtahid who has a comprehensive grasp of the evidence. In respect of the ordinary person, it is obligatory that a formal legal opinion (fatwa) given by a mujtahid is to be upheld, just as the evidences and proofs of the Koran and Prophetic practice binds the mujtahid. In the verse quoted above at ( 7.2.1) the uninformed person must aThere to the formal legal opinion of the scholar and his ijtihad (ibid.,73). *Chapter 7.6.0: Why Qualified Scholars Differ on Legal Issues 7.6.1 Mujtahid's Opinion is Evidence to Non-specialists (Salih Mu'aThThin:) There is agreement between the Muslims of the Prophetic practice and community that all the rulings of the Sacred Law have been determined through evidence that is either of unquestionably established transmission (qatI al-wurud) or probabilistically established transmission (zanni al-wurud). The chapters and verses of the Koran, together with the Prophetic quotations (Ahadith)s, have reached our generation through so many different channels of transmission that belief in them is obligatory (mutawatir,def:9.22.1(d(II) ) ). All are unquestionably established in their transmission and have been transmitted in a variety of ways including their continuous transmission by from one generation to the next and also by entire groups. With such diverse channels of transmission in place it is impossible that the transmitters conspired together in their fabrication. As for the evidentiary character of these texts, regardless whether they are of unquestionably or a probabilistically established transmission, they are of two types. The first type is that of unquestionable as evidence (qat'i al-dalala). It is a plain text that does not permit more than one meaning. It is that which no mind can interpret beyond its singular meaning, and in which there is no possibility to construe in terms of other than its apparent sense. This type includes Koranic verses that deal with fundamental tenets of faith in the Oneness of Allah, the prayer, obligatory charity, and the fast of Ramadan. There is no room for disagreement in this type and none of the Imams of the Sacred Law every expressed a difference. The second type is that of probabilistic as evidence (zanni al-dalala). It is a text that can bear more than one meaning. This could be because it contains a word that has two different meanings, or because it was made by way of figure of speech or metaphor, or because it can be interpreted in other than its apparent sense in the context without this contradicting what was intended by the Wise Lawgiver. It is here that we find scope for scholarly difference of opinion to a greater or lesser extent depending upon the number of meanings a text can imply, for example how much interpretation it will bear, and so forth. All of the derivative rulings of Sacred Law are of this type are defined as probabilistic as evidence. Consequently, differences in interpretation arise among Islamic legal scholars with scholars interpreting them according to his comprehension and broadness of his horizons, without giving the text a reading that it does not imply. Therefore, scholarly differences are not unnatural, they are even logically necessary as a result of the factors we have just described. Allah, the Mighty and Majestic has willed that most texts of the Sacred Law be probabilistic as evidence because of a wisdom He demands, namely, to give people more choice and leave room for minds to use ijtihad in understanding His Word and those of His Messenger - may Allah venerate him and give him peace. 7.6.2 Example of a Question on which Scholars Differ We conclude this short summary with an example of clarification. Consider the Word of Allah. "Divorced women shall wait by themselves for three periods" (Koran 2.228). and His saying, in the same chapter: "For those who swear a wait for four months from their women (Koran 2.226). The say of Allah three in the former and four in the latter are texts that are decisive as evidence, in that neither admits of more than one interpretation, namely, the well-known numbers. But in contrast with this, when Allah says "periods" (Ar.quru') in the first, and "months" (ashhur) in the second, we find that the former word can have more than one sense in its Arabic lexical root meaning, whereas months cannot, the latter being decisive in meaning and incapable of bearing another interpretation. Concerning this question, Imam Qurtubi says in his Koranic explanation, "Scholars differ about the word periods. Those of Kufa hold that it means menstrual periods, and this is the position of 'Umar, 'Ali, and Ibn Mas'ud. But those of the Hijaz hold it means the intervals of purity between menstrual periods, and this is the view of Lady Ayesha, Ibn `Umar, and Shafi'i." Considering this, it is not unnatural that there should be various opinions about understanding the verse "three periods" but only one about the understanding of the saying of Allah "four months". If Allah had wanted all opinions to coincide on this question. He might have said for example, "three menstrual periods" (hiyad) or "three intervals of purity between menstrual periods" (athar), just as He said "four months." Therefore, all the texts of Sacred Law that can bear more than one meaning are comparable to this example ('GOVERNANCE OF THE TRAVELLELR `UMDAT AL-SALIK (y-90). 11-13). *Chapter 7.7.0: Scholarly Consensus (Ijma`) 7.7.1 Meaning of Consensus ('Abdal-Wahhab Khallaf:) Scholarly consensus (ijma') is the agreement of all the mujtahids (def:9.22.1(d) ) of the Muslims existing at one particular era after the Prophet's death - may Allah venerate him and give him peace - about a particular ruling regarding a matter or event. From this four integral elements of scholarly consensus are required for validation and without which it is invalid. (1) that a number of mujtahids exist at a particular time: (2) that all the mujtahids in the era of the thing or event agree on its ruling, regardless of their country, race, or group, and that the consensus of non-mujtahids is of no consequence (3) that each mujtahid present his opinion about the matter in an explicit manner, whether verbally, by giving a formal legal opinion on it, or practically, by giving a legal decision in a court case concerning it (4) that all mujtahids agree on the ruling, for if a majority of them agree the consensus is not effected regardless of those in opposition. 7.7.2 Scholarly Consensus is Legally Binding When the four necessary integrals of consensus exist, the ruling agreed upon is an authoritative part of Sacred Law that is obligatory to obey and unlawful to disobey. Mujtahids of succeeding eras cannot make the thing an object of new ijtihad, because the ruling, verified by scholarly consensus, is an absolute legal ruling which does not admit of being contravened or annulled. 7.7.3 Koranic Evidence The proof of the legal authority of scholarly consensus is that in the Holy Koran Allah, the Most Glorious orders believers to obey Him and His Messenger. He also orders believers to obey those in authority (ulu al-amr) among them, saying: "Believers, obey Allah and obey the Messenger and those in authority among you. Koran 4.59. Therefore when Islamic legal authorities, the Mujtahids, agree upon a ruling it is obligatory to follow them and aThere to their judgment. Allah warns those who oppose His Messenger, may Allah venerate him and give him peace , and choose to follow other that they way of believers saying: But whosoever opposes the Messenger after guidance has been made clear to him and follows a path other than that of the believers, We shall let him follow what he has turned to and We shall roast him in Gehenna (Hell) an evil arrival. Koran 4.115 7.7.4 Evidence in a Prophetic Quotation (Ahadith) A second evidentiary aspect is that a ruling agreed upon by all the mujtahids in the Islamic nation (Umma) is in fact the ruling of the nation, represented by its mujtahids. There are many Prophetic quotations (Ahadith)s, as well as quotes from the Companions, which indicate that the nation is divinely protected from error. The Prophet said - may Allah venerate him and give him peace - : 1. "My nation shall not agree on an error." 2. "Allah will not make my nation concur on misguidance." 3. "That which Muslims consider to be good, Allah considers to be good." (`Ilm usul al-fiqh (y-71), 45-47) 7.7.5 Scholarly Consensus and the Four Sunni Schools The Prophet - may Allah venerate him and give him peace - said, "The hand of Allah is over the group, and whosoever dissents from them departs to Hell." In reference to the hand of Allah being over the group (al-`Azizi:) Munawi said, "The meaning of the hand of Allah refers to His protection and preservation of them because He has no hand like human beings. It signifies that all Muslims are in the shelter of Allah and His protection is in the midst of them, therefore do not separate yourselves from Muslims. TirmiThi, who was the first to record this Prophetic quotation (Ahadith) said that whosoever dissents from them departs to Hell. This means that whosoever deviates from the overwhelming majority in matters that are lawful or unlawful and deviates from matters in which the nation has neither differed nor slipped from the path of guidance has taken a path that leads to Hell (al-Siraj al-munir sharh al-Jami' al-saghir (y-18), 3.449). 7.7.6 Why One May Not Follow Other Than the Four Schools (`Abd al-Rahman Ba'alawi:) Ibn Salah reports that there is scholarly consensus that it is unlawful to follow rulings of schools other than those of the four established Imams in ones personal affairs. It is also unlawful for those outside the four schools of jurisprudence to give verdicts or formal legal opinions because of the untrustworthiness of the ascription of such rulings to the scholars who gave them as there are no channels of transmission which obviate the possibility of textual corruption and spurious substitutions. Although Zayd, the son of Ali Husayn, may Allah be pleased with them, was one of the Imams of Islam and a person who was not only renowned but well qualified to give guidance to seekers, his followers called The Zaydis failed to check his position in many matters such as naming the intermediate transmitters and establishing their reliability, and identified him with extreme permissiveness. In respect to the four schools of jurisprudence the situation is the reverse, their Imams, may Allah be pleased with thim, spent their lives checking the positions of their schools. They explained both the rigorous authentication and the position of the person it was attributed to, and what could not be, thereby achieving safety from textual corruption by discerning the genuine from the poorly authenticated. (Bughya al-mustarshidin fi talkhis fatawa ba'd al-a'imma min al-muta'akhkhirin (y-19), 8). *BOOK 8: THE NATURE OF LEGAL RULINGS CONTENTS 8.l.0 Kinds of Rulings 8.1.1 Meaning of a Legal Ruling 8.1.2 Injunctive Rulings 8.1.3 Stipulative Rulings 8.2.0 Types of Human Act 8.2.1 Obligations 8.2.2 Recommended Prophetic Ways 8.2.3 Permissible Offensive 8.2.4 Unlawful 8.2.5 Minor sins 8.2.5(1) Major sins 8.2.5(2) Unbelief 8.2.5(3) Ruling of an act varies with the situation 8.2.6 Obligatory Acts 8.3.0 Time-Restricted versus time without restriction 8.3.1 Personally Obligatory versus Communally Obligatory 8.3.2 Acts of Defined Amount versus Undefined Amount 8.3.3 Specific Obligation versus Alternatives 8.3.4 Recommended Acts 8.4.0 Confirmed Prophetic practices (Prophetic practice Mu'akkada) 8.4.1 Voluntary Works 8.4.2 Desirable Acts 8.4.3 Unlawful Acts 8.5.0 Unlawful in Itself versus Unlawful due to external-reason Unlawful 8.5.1 Dispensation (Rukhsa) and Strictness ('Azima) 8.6.0 Strictness 8.6.1 Dispensation 8.6.2 Interschool Differences Considered as Dispensations 8.6.3 Conditions for Following Another School 8.6.4 Way of Greater Precaution in Religion 8.6.5 Things One May Be Held Legally Responsible For 8.7.0 Conditions of a Valid Legal Responsibility 8.7.1 Legal Responsibility Lifted by Hardship 8.7.2 Who May Be Held Legally Responsible 8.8.0 Intellect and Puberty 8.8.1 Eligibility for Rights and Duties 8.8.2 Eligibility for Acts of Legal Consequence 8.8.3 Lack of Eligibility 8.8.3(1) Partial Eligibility 8.8.3(2) Full Eligibility and Events that modify it 8.8.3(3) *Chapter 8.1.0: Kinds of Rulings 8.1.1 Meaning of a Legal Ruling ('Abd al-Wahhab Khallaf:) A legal ruling is a statement from the Lawgiver (syn. Allah or His Messenger - may Allah venerate him and give him peace - ) concerning the acts of those matured and competent that: 1. requires something 2. allows a choice 3. or gives stipulations. 8.1.2 Injunctive Rulings An injunctive ruling is one that enjoins the matured and competent individual to either do or refrain from an act, or gives him an option to do or refrain from it. An example of enjoining one to do an act is the saying of Allah: "In it, there are clear signs; the station where Abraham stood. Whosoever enters it let him be safe. Pilgrimage to the House is a duty to Allah for all who can make the journey. And whosoever disbelieves, Allah is Rich, independent of all the worlds." (Koran 3.97). An example of enjoining one to refrain from an act is His saying: "Believers, do not let people mock other people" (Koran 49.11). And an example of giving an option to do or refrain from an act is His saying: "Then, when the prayers has ended, disperse in the land and seek the favor of Allah. (Koran 62.10). 8.1.3 Stipulative Rulings As for stipulatory rulings, they entail that something is made a legal reason (sabab) for another thing, a condition (shart) for it, or a preventive (mani) of it. An example of being stipulated as reason for something is the saying of Allah: "Believers, when you rise to pray wash your faces and your hands as far as the elbow (Koran 5.6), which stipulates wanting to pray as a reason for the obligation of performing ablution (wudu). An example of something being made a condition for another thing is His saying: "Pilgrimage to the House is a duty to Allah for all who can make the journey. (Koran 3.97). This implies that the ability to be able to get to the Sacred House is a condition for the obligatoriness of one's pilgrimage. Another example is the Prophet's saying - may Allah venerate him and give him peace - "There is no marriage unless there are two witnesses." This means means the presence of two witnesses is a condition for the validity of a marriage. An example of being made a preventive of something is the Prophet's saying - may Allah venerate him and give him peace - "The killer does not inherit." This means that an heir who killed the deceased is prevented from inheriting his share of inheritance. ('Illm usul al-fiqh (y-71), 100-102). *Chapter 8.2.0: Types of Human Act 8.2.1 Obligatory The obligatory (fard) is that which the Lawgiver strictly requires be done. Someone who performs an obligatory act out of obedience to Allah is rewarded, whereas a person who refrains from it, without excuse, deserves to be punished. In the Shafi'i school of jurisprudence there is no difference between the obligatory (fard) and the requisite (wajib) except in the pilgrimage, where non-performance of a requisite does not invalidate the pilgrimage, but necessitates an expiation by sacrificing an offering. For any conditions necessary for its validity and all of its integrals (rukn, pl. arkan) are obligatory, since it is unlawful to intentionally perform an invalid act of worship. 8.2.2 Recommended, Prophetic Ways The Prophetic practice is that which the Lawgiver asks be done, but does not strictly require it. Someone who performs it out of obedience to Allah is rewarded, however, someone who refrains from it is not punished. 8.2.3 Permissible The permissible (mubah) is what the Lawgiver has neither requested nor prohibited, so the person who does it is neither rewarded nor punished. Rather, doing or not doing it are equal, however, if a person does it to enable him to perform an act of obedience to Allah, or refrains from it for that reason, he is rewarded for it. But if he does such an act to enable him to perform an act of disobedience, he is sinning . 8.2.4 Offensive The offensive (makruh) is that which the Lawgiver has interdicted but not strictly forbidden. A person who refrains from such an act out of obedience to Allah is rewarded, whereas the person who commits it does not deserve to be punished. 8.2.5 Unlawful The unlawful (haram) is what the Lawgiver strictly forbids. Someone who commits an unlawful act deserves punishment, whereas one who refrains from it out of obedience to the command of Allah is rewarded. (Scholars distinguish between three levels of the unlawful: 1. minor sins (saghira, pl. sagha'ir), which may be forgiven from prayer to prayer, from one Friday prayer (jumu'a) to another, and so forth, as in mentioned in Prophetic quotations (Ahadith); major sins (kabira, pl. kaba'ir), those which appear by name in the Koran or Prophetic quotations (Ahadith) as the subject of an explicit threat, prescribed legal penalty, or curse, (as listed below in book p;) and disbelief (kufr), sins which put one beyond the bounds of Islam (as discussed at 9.8.7) and necessitate stating the Witnessing of Faith (Shahada) to reenter it. Repentance (10.77) is obligatory for all three (al-Zawajir 'an iqtiraf al-kaba'ir (y-49), 1.5-9). 8.2.6 Ruling of an Act Varies with the Situation Grand Shaykh Imam Nawawi said, There is no doubt that the merit of an act varies. Fasting, for example, is unlawful on 'Eid Day, but obligatory before it, and recommended after it. The prayer is highly desirable most of the time, but offensive during some times and situations, such as when restraining oneself from using the lavatory. Reciting the Koran is desirable, but offensive when bowing in the desirable, but offensive when bowing in the prayer or prostrating. Dressing in one's best clothes is good on the 'Eid or on a Friday, but not during the drought prayer, and so forth. Abul Qasim al-Junayd (may Allah have mercy on him) said, "A sincere person changes forty times a day, while the hypocritical show-off stays as he is forty years." The meaning of this is that the sincere person moves with what is right, wherever it may lead, such as when the time of prayer is due, he prays, and when it is best to be sitting with the learned, or the pious, or guests, or his children, or taking care of the needs of a Muslim, or mending a broken heart, or whatever else it may be, he does it, rather than doing what he usually does. And likewise for fasting, reciting the Koran, invoking Allah, eating or drinking, being serious or joking, enjoying the good life or engaging in self-sacrifice, and so on. Whenever he sees what is preferred by the Sacred Law, he does it, and is not bound by a particular habit or kind of devotion like a show-off does. The Prophet - may Allah venerate him and give him peace - did a variety of things such as prayer, fasting, listening to the the recitation of the Koran and supplicating, eating and drinking, dressing, riding, lovemaking with his wives, seriousness and jest, happiness and wrath, scathing condemnation for blameworthy things, leniency in punishing those who deserved it and excusing them, and so on, according to what was possible and preferable for the time and circumstances (al-Majmu' (y-108), 1.17-18). *Chapter 8.3.0: Obligatory Acts 8.3.1 Time-Restricted versus unrestricted time ('Abd al-Wahhab khallaf:) Obligatory acts are distinguished in four ways, according to various considerations. One distinction is whether current performance is time-restricted or not. A time-restricted obligatory act is one the Lawgiver demands be done at a particular time. For example, the five daily obligatory prayers each of which have a set time during which they are to be performed, in which a particular prayer is not obligatory before its prescribed time and the individual is guilty of a serious sin if he delays it past its prescribed time without an excuse. An obligatory act that is not restricted by time is one which the Lawgiver strictly demands, but does not specify a time for its current performance, such as the expiation obligatory for someone who swears and oath and breaks it (020). 8.3.2 Personally obligatory acts versus communally obligatory acts: A second distinction between obligatory acts is made on the basis of who is called upon to perform them, namely whether an act is that which is personally obligatory or that which is communally obligatory. An obligatory personal act (fard al ayn) is that which every mature and competent person has been ordered to do by the Lawgiver via Revelation. It is insufficient for someone to perform such an obligatory act on behalf of someone else, for example performing the prayer, pay the obligatory charity (zakat) (h-1.0), keeping agreements, and avoiding wine or gambling. A communally obligatory (fard al-kifaya) act is that which is collectively required by the Lawgiver of those mature and competent, not from each one of them. This means that that if someone undertakes the act, then the obligation has been fulfilled and the sin and responsibility of non-performance is lifted from the rest. If no one undertakes it, then all are guilty of serious sin for neglecting the obligation. Examples include commanding the right and forbidding the wrong (book q), praying over the dead, building hospitals, lifesaving, fire fighting, medicine, industries people require, the existence of Islamic courts and judges, issuing formal legal opinions, responding to someone who says "as-Salamu 'alaykum," and testifying in court. The Lawgiver requires that these obligatory acts exist in the Islamic Community regardless of who does them. But He does not require they be done by each person, or someone in particular, since the interests of the Community are realized by the existence of these things through the efforts of some of those matured and competent, and do not entail every particular person's performance of them. It is obligatory for someone able either through himself or his property to perform the communally obligatory act, and for someone unable to do it himself is obligatory for him to urge and have the person who can do it, do it. If the obligatory act is done, all are cleared of the sin, and if neglected all the guilty of a serious sin. The person capable of it is guilty because he neglected a communally obligatory act he could have done, and the rest are guilty because they neglected to urge him and to perform the obligatory act of which he was capable. When an individual is the only one available who can perform a communally obligatory act, the act becomes personally obligatory upon him. 8.3.3 Acts of Defined Amount versus Undefined Amount A third way in which obligatory acts are distinguished is by the amount of them required, that is, whether the act is of a defined amount or an undefined amount. Obligatory acts of defined amount are those for which the Lawgiver has determined a particular quantity. This means the subject is not free of the obligation until he has done the amount stipulated by the Lawgiver, for example the five obligatory daily payers, or obligatory charity. Obligatory acts of undefined amount are those for which the Lawgiver has not stipulated the amount, rather He demands them from the subject in an undetermined quantity, for example spending in the way of Allah, cooperating with one another in good works, feeding the hungry, helping those in distress, and so forth. 8.3.4 Specific Obligation Versus Alternatives A fourth distinction between obligatory acts is whether an act is a specific obligation, or an obligation in which there is a choice between alternatives. Specific obligations are those in which the Lawgiver demands the act itself, such as the five daily prayers, fasting the month of Ramadan, paying for merchandise, rent from a tenant, or returning something wrongfully taken for which an individual is not free of the obligation until he does that very act. An obligation to choose between certain alternatives is when the Lawgiver requires the performance of one of a given number of actions. For example, as one of the options in expiating a broken oath, where Allah, the Most High requires the person who has broken his oath to feed ten poor people, clothe them, or free a slave ('abd,def:w-13), in which the obligation consists of doing any of these three things ('Ilm usul al-fiqh (y-71), 106, 108-11). *Chapter 8.4.0: Recommended Acts 8.4.1 Confirmed Prophetic Ways (Prophetic practice Mu'akkada) (`Abd al-Wahhab Khallaf:) Recommended acts are divided into three categories. 8.4.2 Voluntary Works The first is that of recommended acts whose demand is confirmed. Someone who neglects such an act does not deserve punishment, but does deserve censure and blame. This includes the Prophetic ways and recommended acts that are legally considered to complete obligatory acts. For example, the call to prayer (aThan) or performing the obligatory prayers in a group, as well as all religious matters that the Prophet - may Allah venerate him and give him peace - diligently performed and did not omit except once or twice to demonstrate that they were not obligatory, like rinsing out the mouth when performing ablution, or reciting a sura or some verses of the Koran after the Fatiha during the prayer. This category is called the confirmed Prophetic way (Prophetic practice mu akkada) or Prophetic way of guidance. 8.4.3 Desirable Acts The second category is those acts whose performance is sanctioned by Sacred Law in which the person who performs them is rewarded, but for someone who omits them does not deserve to be either punished or blamed. This includes acts the Prophet - may Allah venerate him and give him peace - did not diligently perform, but did one or more times and then discontinued. It also includes all voluntary acts, like spending on the poor, fasting on the Thursday of each week, or praying units (rak'as) of prayer in addition to the obligatory and confirmed Prophetic practice prayers. This category is called the extra Prophetic practice or Voluntary (nafila). 8.4.4 Highly Recommended Acts The third category consists of the highly recommended acts. This means those acts considered part of an individual's aim to achieve perfection. It includes following the Prophet - may Allah venerate him and give him peace - in ordinary daily affairs such as that of when a person eats, drinks, walks, sleeps, and dresses. Following the example of the Prophet - may Allah venerate him and give him peace - in these and similar matters is an excellence and considered among one's refinements because it shows one's love for the Prophet and great attachment to him. However, if someone does not follow the Prophet - may Allah venerate him and give him peace - in matters such as these he is not considered to be a wrongdoer. This is because they are not part of His Law-giving, although by doing such acts there is a reward for one whose intention it is to follow the Prophet - may Allah venerate him and give him peace - and every desirable act one performs means a higher degree in Paradise, whereas the person who neglects such acts may not attain such rank. Acts of this category are called desirable (mustahabb), manners (adab), or meritorious (ibid., 112). *Chapter 8.5.0: Unlawful Acts 8.5.1 Unlawful in itself versus Unlawful because of an external-reason (`Abd al-Wahhab Khallaf:) The unlawful is of two kinds. The first is that which is originally unlawful in itself. This means that the Sacred Law has forbidden it right from the outset. For example adultery, theft, prayer without ritual purity, marrying a member of one's unmarriageable kin while knowing them to be such, and the sale of animal that is already dead before it can be slaughtered Islamically, and so forth because they entail damage and harm. The prohibition applies from the outset of the act. The second is the unlawful because of an external-reason. This means that the initial ruling of an act was that it was, either obligatory, recommended, or permissible, but a circumstance became linked with it that made it unlawful. For example, prayer performed in a stolen garment, or a sale in which there is fraud, or a marriage for which the sole purpose is to allow the woman to remarry her previous husband who has pronounced a threefold divorce against her, or fasting day after day without breaking the fast at night, or an unlawfully innovated divorce (def:19.2.3), and such unlawful acts because of an external circumstance. The prohibition is not due to the act itself, rather it is because of something extrinsic to the act; meaning the act is neither damaging nor harmful in itself, but something has happened to it and become conjoined with it that makes it entail damage or harm. 8.5.2 One consequence of the above distinction is that an intrinsically unlawful act is uncountenanced by the Law to begin with, so it cannot be a legal cause or reason, or form the basis for further legal consequences. Rather, it is invalid because of this, prayer without ritual purity is invalid, marriage to a close unmarriageable relative when one knows them to be such, is invalid, and the sale of animal that is already dead before it can be slaughtered Islamically is invalid. And something legally invalid is without other legal effectiveness. But an act that is unlawful because of an extrinsic circumstance is intrinsically lawful, and can thus be a legal reason and form the basis for further legal consequences, since its prohibition is accidental to it and not essential. Because of this a prayer while wearing a garment wrongfully taken is legally valid, though the person is guilty of serious sin for having taken it; a sale in which there is fraud is legally valid, though the buyer has the option to cancel the sale and return the merchandise for a full refund; and an unlawfully innovated divorce is legally effective. The reason for this is that the prohibition of an act because of an extrinsic event or circumstance does not vitiate either the basis of its being a legal cause or its identity, provided all its integrals and conditions exist. As for intrinsic unlawfulness, it negates the basis of an act being a legal cause and vitiates its identity by the nonexistence of one of its integrals or conditions, so that it is no longer something that is of legal consideration (ibid., 113-14). *Chapter 8.6.0: Dispensation (Rukhsa) and Strictness ('Azima) 8.6.1 Strictness (`Abd al-Wahhab khallaf:) Strictness is what Allah initially legislates, in general not for special circumstance or individual. 8.6.2 Dispensation Dispensation is when what is normally forbidden is made permissible because of neccessity or need. For example, if someone is forced to make a statement of unbelief (kufr) it is, in order to ease his hardship, made permissible for him to do so as long as his faith remains firm in his heart. Similarly, if someone is forced to break his fast in Ramadan, or forced to destroy the property of another; the normally prohibited act which he is forced to do becomes permissible for him in order to ease the hardship. It is also made permissible for someone forced by extreme hunger or severe thirst to eat from an unslaughtered dead animal or drink wine. The latter, according to the Shafii school of jurisprudence, is not permissible even under such conditions. Dispensation also includes being permitted to omit an obligatory act when an excuse exists that makes its performance a hardship (dis: 8.7.2. second par.) upon the individual. Therefore, someone who is ill or traveling in during the month of Ramadan is permitted not to fast, and whosoever is travelling is permitted to shorten prayers of four units (rak'as) to only two units (ibid., 121-22). 8.6.3 Interschool Differences Considered As Dispensations Since it is permissible for a Muslim to follow any of the four Imams in any of his acts of worship, comparison of their differences opens another context from discussing dispensation and strictness. A context in which classical scholars familiar with various schools often use the term "dispensation" to refer to the ruling of the school easiest on a particular legal question, and "strictness" to refer to the ruling of the school that is most rigorous. Which school this might be varies from question to question. The following discusses how and when it is permissible for ordinary Muslims to use a dispensation by choosing to follow an easier ruling from another school. Then in section 8.6.5 the greater way of precaution (al-ahwat fi al-din) is discussed in which Muslims purposely select to follow the strictest school of thought on each legal question because of it being more precautionary and closer to warding of sin (taqwa). 8.6.4 Conditions for Following Another School Scholars frequently acknowledge that the difference of the Imams is viewed as a mercy, and their unanimity is a decisive proof. Shaykh `Umar Barakat, the commentator of 'GOVERNANCE OF THE TRAVELLELR `UMDAT AL-SALIK, says, "It is permissible to follow each of the four Imams (may Allah be pleased with them), and it is permissible to follow one of them on a legal question, and follow a different school on another legal question. It is not obligatory to follow one particular Imam on all legal questions" (Fayd al-llah al-Malik (y-27), 1.357). However, this does not imply that it is lawful to indiscriminately choose dispensations from each school, or that there are no conditions for the above mentioned permissibility. Imam Nawawi was asked for a formal legal opinion on whether pursuing dispensations in such a manner was permissible: (Question:) "Is it permissible for someone of a particular school to follow a different school in matters that will be of benefit to him, and to seek their dispensations?" He answered - may Allah be pleased with him - "It is not permissible to seek out dispensations This means that it is unlawful, and the person who does so is corrupt (fasiq)], and Allah knows best (Fatawa al-Imam al-Nawawi (y-105), 113. The exceptions are when a person is forced by necessity or hardship to take such a dispensation even retroactively, and has made the intention to have follow another Imam's school of thought on the question, then there is nothing objectionable in it, provided that one's act of worship, together with its prerequisites, is valid in at least one of the schools. One may not simply piece together (taliq) constituent parts from various schools in a single act of worship, if none of the schools would consider the act valid. For example, in the ShafiI school when someone makes ablution and wets just a few hairs on his head his ablution is minimally valid. In the Hanifi school it is not. Thereafter the person prays behind and imam without himself reciting Al Fatiha which is permitted by the Hanafis but not by the Shafiis. His ablution, which is a prerequisite for his performance of the prayer is inadequate in the Hanafi school and his performance of the prayer is inadequate according to the Shafii school the result is that neither schools consider his prayer valid, and this is correct. Whosoever follows a ruling mentioned in this volume from another school of jurisprudence must observe the conditions given at w-14 and make sure his worship is valid in at least one school, which for prayer can best be achieved by performing all recommended measures in the present volume relating to purity, for example, e-5,e-11, and so on, as if obligatory. 8.6.5 Way of Greater Precaution in Religion A second way to use differences between schools is to take the way of greater precaution by following whosoever is most rigorous on a given question. For example, when performing the purifying bath (ghusl), rinsing the mouth and nostrils with water is a nonobligatory, Prophetic practice measure according to the Shafi'i school, but obligatory and necessary for the purifying bath's validity according to Hanafis. The way of greater precaution is for the Shafi'i to perform it as diligently as if it were obligatory, even though omitting it is permitted by his school. `Abd al-Wahhab Sha'rani said, My brother, when you first hear of the two levels of this scale, i.e dispensation and strictness, beware of jumping to the conclusion that there is absolute freedom of choice between them, such that an individual may without restriction choose either dispensation or strictness in any ruling he wishes. It is not fitting that a person able to perform the stricter ruling stoops to take a dispensation permissible to him. The more rigorous is always preferable in the Shafi'i school even when the dispensation is permissible. For as you know my brother, I do not say that the individual is free to choose between taking the dispensation or taking the stricter ruling when he is able to perform the stricter ruling obligatory for him. I take refuge in Allah from saying such a thing, which is like making a game of religion. Of an absolute certainty, dispensations are only for someone unable to perform the stricter ruling, for in such a case, the dispensation is the stricter ruling in relation to him. Moreover, I hold that sincerity and honesty demand of anyone who follows a particular school not to take a dispensation that the Imam of his school holds is permissible unless he is someone for whom it is a necessity, and that he must follow the stricter ruling of a different Imam when able, since rulings fundamentally refer back to the word of the Lawgiver, no one else; this being especially necessary when the other Imam's evidence is stronger, as opposed to the actions of some followers. We find among the dictums of the Sufis that one should not follow a position in Sacred Law for which the evidence is weaker, except when religiously more precautionary than the stronger position. For example, the Shafi'i opinion that a male's ablution is void by touching a girl who is a child or touching the nails or hair of a woman, though this position is considered weaker by them than the position given at e-7.3, it is religiously more precautionary, so performing ablution for the above-mentioned is better (al-Mizan al-kubra (y-1230,.10-11). This is because more rigorous rulings necessarily meet the requirements of less rigorous ones, though not vice versa, following more rigorous rulings from another school is unconditionally valid, unlike following its dispensations, and Allah knows best. *Chapter 8.7.0: Things for which one may be held legally responsible 8.7.1 Conditions of a Valid Legal Responsibility 'Abd al-Wahhab Khallaf said, An act that is legally valid must have three conditions before it becomes the responsibility of an individual. The first is that the act is well enough known to the individual in order that he can perform it in the way required of him. It should be noted that the individual's knowledge of what he is responsible for means the possibility of his knowing it, not his actual knowledge of it. When a person reaches puberty and is of sound mind, and capable of knowing the rulings of Sacred Law by himself or by asking those familiar with them, then he is considered to know what he is responsible for, and rulings are carried out on him, their consequences exacted of him, and the excuse of being ignorant of them is not accepted from him. The second condition is that it is known that the ruling has been imposed by someone who possesses the authority to do so and whose rules the individual is obligated to observe, since it is through this knowledge that the individual's will can be directed to obey him. This is the reason that in any proof for a ruling of the Sacred Law the first point discussed is why it is legally binding for individuals. The third condition is that the act the subject is responsible for be possible and within the capacity of the subject to either do or to refrain from. This condition in turn implies two things: first, that it is legally invalid to impose something impossible, whether impossible in itself or impossible because of another thing; and second, that it is invalid to ask that a particular individual be responsible for someone else's performing an act or refraining from one, since someone else's action or inaction is not within the individual's own capacity. Therefore, a person is not responsible for his father's payment of the obligatory charity, his brother's performing the prayer, or his neighbor's refraining from theft. As regards others, all a person is obligated to do is to advise, to command the right and forbid the wrong, because these are things within his capability. Nor is it legally valid to make a person responsible for various innate human states which are the results of natural causes that are not of the person's acquisition or choice, such as emotional arousal when angry; turning red when embarassed; love, hate, grief, elation, or fear when reasons for them exist; digestion; breathing; being short or tall, black or white; and other innate traits with which people are born and whose presence or absence is subject to natural laws, not to the individual's will and choice, and which are thus beyond his capacity and not among the things possible for him. If some primary texts have reached us that appear to show that there is responsibility for some of the things that are not within a person's capacity, these are not as they seem. For example, the order of the Prophet - may Allah venerate him and give him peace - "Do not become angry," is outwardly an order to refrain from something natural and unacquired, namely, anger when motives for it exist. However, the real meaning is control yourself when angry and restrain yourself from its bad consequences." 8.7.2 Legal Responsibility Lifted by Hardship From the condition that an act must be within the individual's capacity before he can be held accountable for it, one should not jump to the conclusion that this implies there will not be any hardship whatsoever for the individual in the act. There is no contradiction between an act being within one's capacity and its being hard. Nothing a person is responsible for is completely free of hardship, since moral responsibility is being obliged to do that in which there is something to bear with, and some type of difficulty. Hardship, however, is of two types. The first is that which people are accustomed to bear, which is within the limits of their strength, and were they to continue bearing it, it would not cause them harm or damage to their persons, possessions, or other concerns. The second is that which is beyond what people are accustomed to bear and impossible for them to continually endure because they would be cut off, unable to go on, and damage and harm would affect their persons, possessions, or one of their other concerns. Examples include fasting day after day without breaking it at night, a monastic life, fasting while standing in the sun, or making the pilgrimage on foot. It is a sin for someone to refuse to take a dispensation and insist on the stricter ruling when this will probably entail harm (`Ilm usul al-fiqh (y-71), 128-33). *Chapter 8.8.0: Who May Be Held Legally Responsible 8.8.1 Intellect and Puberty `Abd al-Wahhab Khallaf said, Two conditions must exist in an individual for it to be legallly valid to hold a person responsible. The first condition is that he is able to understand the evidence that he is responsible for something, such that it is within his capacity to understand legal texts from the Koran and Prophetic practice by which the ruling is imposed, whether by himself of through another (dis: 7.5.1). Since human reason is something hidden, unobservable by outward sense perception, the Lawgiver has conjoined responsibility for rulings with something manifest and perceptible to the senses from which reason may be inferred, namely, puberty. Whosoever reaches puberty without showing signs of impaired intellectual faculties, his capacity for responsibility exists. And conversely, neither an insane person nor child are responsible, because of their lack of intellect, which is the means of understanding the evidence that something is a ruling. Nor are those responsible who are in a state of absentmindedness or sleep, because while they are heedless or asleep it is not within their capacity to understand. The Prophet - may Allah venerate him and give him peace - said, "The pen has been lifted from three: the sleeper until he awakens, the child until his first wet dream, and the insane person until he can reason." The second condition is that he be legally eligible for the ruling. Eligibility is of two types, eligibility for obligation, and eligibility for performance. 8.8.2 Eligibility for Rights and Duties Eligibility for obligation is the capacity of a human being to have rights and duties. This eligibility is established for every person by the fact of being human, whether male, female, fetus, child, of the age of discrimination, adolescent, intelligent, foolish, sane or insane, healthy or ill; because its basis is an innate attribute found in man. Every human being, whosoever he or she may be, has eligibility for obligation and none lacks it because one's eligibility for obligation is one's humanness. There are only two human states in relation to eligibility for obligation, namely, partial and full. One could have partial eligibility for obligation by being entitled to possess rights over others but not have obligations towards them, like a fetus in its mother's womb, which has rights, since it can be an heir, inherit a bequest, and the proceeds of an endowment (waqf) can accrue to it, but it does not have any obligations to others. Full eligibility for obligation means a person has rights upon others and obligations towards them. Every human being acquires it at birth. 8.8.3 Eligibility for Acts of Legal Consequence Eligibility for performance is the capacity of an individual for words and actions that are legally significant, such that if an agreement or act proceeds from him, it legally counts and entails the rulings applicable to it. If he prays, fasts, makes the pilgrimage, or does anything obligatory; it is legally acknowledged and discharges the obligation. And if he commits a crime against another's person, possessions, or honor, he is held accountable for his crime and is bodily or financially penalized. So eligibility for performance is responsibility, and its basis in man is intellectual discrimination. There are three states which a person may have in relation to eligibility for performance: 1. A person could completely lack or lose eligibility for performance, like a young child during his chilThood or an insane person during his insanity (regardless of his age), neither of whom has eligibility for performance because they lack human reason, and for neither of whom are there legal consequences entailed by their words or actions. Their agreements and legal dispositions are null and void, the limit of which is that if either of them commits a crime against another's person or possessions, he is responsible for paying the indemnity out of his own property, but not subject to retaliation in his own person. This is the meaning of the scholars' expression, "The intentional act of a child or insane person is an honest mistake." 2. A person could have partial eligibility for performance, an example of which is the child who has reached the age of mental discrimination (14.1.2) but not puberty (16.13.8), or the retarded person, who is not disturbed in intellect nor totally bereft of it, but rather is weak-minded and lacking in intellect, so that the Sacred Law treats him as it does the child with discrimination. This is because each of these two possesses the basis of eligibility for performance by the fact of having discrimination, those of their legal actions which are absolutely beneficial to them, such as accepting gifts or charity, are valid without their guardian's permission. As for those of their legal actions which are wholly harmful to them, such as giving donations or waiving their rights to something, these are not in any way valid, even with the guardian's permission. The gift, bequest, endowment, and divorce of such persons are not valid, and the guardian's permission is irrelevant to these actions. The legal actions of the child with discrimination or the retarded person which are between absolute benefit and absolute harm to him are valid, but only on condition that the guardian gives his permission for them. If the guardian gives permission for the agreement or disposition, it is implemented, and if he does not permit it, the action is invalid. 3. Or a person could have full eligibility for performance by the fact of having reached puberty sound of mind. Events, however, may befall this eligibility. They include those that happen to a person without affecting his eligibility for performance by eliminating or diminishing it, but which alter some rulings concerning him because of considerations and interests that arise through these events, not because of loss or lessening of eligibility for performance. Examples include the foolhardy and the absentminded person. Both have reached puberty with normal intelligence and have full eligibility for performance, but to protect their own property from loss and prevent them from becoming a financial burden on others, they are declared legally incompetent in financial dealings such that neither their financial transactions nor donations are valid. This is not because of a lack or lessening of their eligibility for performance, but rather to protect their own property. A debtor has likewise reached puberty with normal intelligence and possessess full eligibility for performance, but to protect the rights of his creditors, he is declared legally incompetent to make transactions with his money that infringe on the rights of his creditors, such as charitable donations (`Ilm usul al-fiqh (y-71) 134-40). *BOOK 9: JUSTICE CONTENTS Please note Retaliation, has usage of applying the capital or non punishment or collection of compensation etc 9.1.0 WHO IS SUBJECT TO RETALIATION FOR INJURIOUS CRIMES 9.1.1 Retaliation obligatory for intentional killing etc. 9.1.1 Meaning of obligatory 9.1.1 Meaning of intentional 9.1.1 Meaning of without right 9.1.2 Those not subject to retaliation 9.2.0 INTENTION IN INJURIOUS CRIMES 9.2.1 Three categories of intentionality 9.2.2 Honest mistake 9.2.3 Mistake made in a deliberate injury 9.2.4 Purely intentional 9.3.0 RETALIATION FOR BODILY INJURY OR DEATH (Qisas) 9.3.2 Retaliation 9.3.2 No retaliation for bullet wound 9.3.3 Who can retaliate 9.3.4 Caliph's presence necessary during retaliation 9.3.5 When two are entitled to retaliate against one offender 9.3.6 No retaliation against a pregnant women until after giving birth 9.3.8 Forgoing retaliation 9.3.9 When an offender kills a group of people 9.3.10 When a group kills someone 9.3.12 An intentional killer who kills the wrong person 9.4.0 COMPENSATION (Diya) 9.4.0 Rulings dealing with maximal amounts possible 9.4.1 Compensation may be waived 9.4.1 Causes of death that are entitled to compensation 9.4.2 Compensation for killing a male Muslim 9.4.2 Camels versus gold in figuring the compensation 9.4.3 Compensation for a purely intentional killing 9.4.4 For death by mistake in a deliberate injury 9.4.5 For death caused by an honest mistake 9.4.6 Conditions when maximum is paid regardless if intentional or not 9.4.8 Payment in other than camels is permissible 9.4.9 Indemnities for other than male Muslims 9.4.10 Which extended family members are liable to pay 9.4.11 When and how much each pays 9.4.12 Time in which lesser indemnities may be paid 9.4.13 Compensation for bodily injuries 9.4.13 How much is paid for various injuries 9.4.14 Compensation for fingers and teeth 9.4.15 Compensation for bodily wounds 9.4.16 Compensation for wounds to head and face 9.4.17 Compensation for killing non-Muslims at war with Muslims, apostates etc: 9.5.0 EXPIATION TO ALLAH FOR TAKING A HUMAN LIFE 9.5.1 Expiation is due for any impermissible killing 9.5.2 Expiation 9.5.4 Expiation for killing those who leave Islam. etc. 9.6.0 FIGHTING THOSE WHO REBEL AGAINST THE CALIPH 9.6.1 Regardless whether the Caliph is just or unjust 9.7.0 WARDING OFF AGGRESSORS 9.7.1 Obligation of self-defense 9.7.2 Defense of property 9.7.3 Meaning of defend 9.7.3 Minimal force 9.7.5 Permissible to kill rapists forthwith 9.8.0 APOSTASY FROM ISLAM (Ridda) 9.8.1 Whosoever voluntarily leaves Islam is killed 9.8.2 Must first be asked to return to Islam 9.8.3 Only caliph may kill him 9.8.4 Compensation or expiation for killing an apostate 9.8.6 If one's spouse apostatizes 9.8.7 Acts that constitute apostasy 9.9.0 JIHAD 9.9.0 Meaning of Jihad 9.9.0 Scriptural basis for Jihad 9.9.1 Obligatory character of Jihad 9.9.1 Communal obligation 09.2 When it is personally obligatory 9.9.3 Surrender when overrun 9.9.4 Who is obligated to fight in Jihad 9.9.5 Those who are not permitted to fight 9.9.6 Caliph's permission required if he exists 9.9.7 Non-Muslim allies 9.9.8 Objectives of Jihad 9.9.8 Regarding Jews, Nazarenes, Christians (Nazarenes), and Zoroastrians 9.9.9 Regarding others 9.9.10 Rules of warfare 9.9.10 Those unlawful to kill in Jihad 9.9.11 Non-Muslims under a Muslim's protection 9.9.12 Those who enter Islam before capture 9.9.13 Women and children captives 9.9.14 Adult male captives 9.9.15 Destruction of enemies' trees etc. 9.9.16 Truces 9.9.16 Preserving the status quo is not a valid reason 9.10.0 THE SPOIS OF WAR 9.10.1 Who is entitled to spoils of wattle 9.10.2 Personal booty 9.10.3 Dividing collective spoils 9.10.4 Dividing the first fifth (Khums) 9.10.4 Entitlement 9.11.0 NON-MUSLIM SUBJECTS OF THE ISLAMIC STATE (Ahl al-Thimma) 9.11.1 Who may enter a citizenship agreement with Muslims 9.11.2 Idolaters and post-Islamic sects excluded 9.11.3 Conditions imposed on non-Muslims 9.11.4 Non-Muslim poll tax (Jizya) 9.11.4 Collected with leniency 9.11.4 Not levied on women or children 9.11.5 Rules for non-Muslim subjects 9.11.6 Non-Muslims forbidden to reside in the Hijaz 9.11.7 May not enter Mecca, mosques, etc. 9.11.8 Caliph must defend non-Muslims in a Muslim land 9.11.9 Violations of the terms of the agreement 9.11.11 Consequences to violators 9.12.0 PENALTY FOR FORNICATION OR SODOMY 9.12.2 Who is subject to the penalty 9.12.2 Meaning of capacity to remain chaste (muhsan) 9.12.4 Circumstances in which ignorance is excusable 9.12.5 Scourging 9.12.6 Stoning 9.13.0 PENALTY FOR ACCUSING A PERSON OF ADULTRY WITHOUT PROOF 9.13.1 Who is subject to the penalty 9.13.2 Meaning of someone who could be chaste 9.13.3 Penalty 9.13.4 Accusing in plain words versus allusive words 9.13.5 Accusing a group of people 9.13.5 Accusing someone more than once 9.13.8 Conditions for imposing the penalty 9.14.0 PENALTY FOR THEFT 9.14.1 Penalty 9.14.1 Who is subject to the penalty 9.14.1 Repeated theft 9.14.2 Circumstances in which the penalty is not imposed 9.14.3 Meaning of normal security for similar articles 9.14.5 Only Caliph may impose a penalty 9.14.6 No amputation for forcible seizure etc. 9.15.0 PENALTY FOR HIGHWAY ROBBERY 9.15.2 Penalty 9.15.3 Giving oneself up obviates the penalty 9.16.0 PENALTY OF DRINKING INTOXICANTS 9.16.1 Meaning of unlawful beverages 9.16.2 Who is subject to the penalty 9.16.3 Penalty 9.16.4 Repeated fornication, drinking, etc. 9.16.6 Alcohol is absolutely impermissible 9.16.7 Non-alcoholic intoxicants 9.16.8 Hashish, narcotic etc. unlawful 9.17.0 DISCIPLINARY ACTION (Ta`zir) 9.17.1 Disciplinary action for disobedience without a prescribed penalty 9.17.1 Caliph determines the punishment 9.17.4 Guardians, teachers, etc., may discipline charges 9.18.0 OATHS (Yamin) 9.18.0 Meaning of oath 9.18.1 Conditions for Validity 9.18.2 Unthinking oaths are invalid 9.18.3 Offensive to swear by other than Allah 9.18.4 Names of Allah that effect oaths 9.18.6 Expressions that require the intention 9.19.0 Examples of breaking and not breaking oaths 9.19.5 Adding If Allah wills'' (Insha'Allah) 9.20.0 EXPIATION FOR A BROKEN OATH 9.20.1 Who is liable and when 9.20.2 Expiation for a broken oath 9.20.4 Poor may expiate by fasting 9.21.0 JUDGESHIP 9.21.1 Communal obligation 9.21.3 Judges Appointed by the Caliph 9.21.4 Two Parties Selecting a third to arbitrate 9.22.0 JUDGE AND THE COURT 9.22.1 Qualifications for being a judge 9.22.1 (d) Conditions for ijtihad 9.22.1 (d(I)) Types of Koranic texts 9.22.1 (d(II)) Types of Prophetic quotations (Ahadith)s 9.22.1 (d(III)) Analogical reasoning (qiyas) 9.22.1 (d(III)) Judge's knowledge of these things 9.22.1(d (end)) When no mujtahids are available 9.22.3 Judge's assistant etc. 9.22.6 Various rules for judges 9.22.7 Judge may not accept gifts 9.22.8 Judge may not decide cases involving his son etc 9.22.9 May not decide cases when angry etc. 9.22.12 Takes cases first-come-first-served 9.23.0 COURT CLAIMS 9.23.1 When plaintiff does not tell the truth 9.23.2 When the judge knows the truth 9.23.5 Who may litigate 9.23.6 What may be litigated over 9.23.8 When the article is in one litigant's possession 9.23.9 Unacknowledged debts collected without permission 9.24.0 WITNESSING AND TESTIFYING 9.24.1 Communal obligation 9.24.2 Conditions for being a witness 9.24.2 Meaning of respectability (muru'a) 9.24.3 Those whose testimony is unacceptable 9.24.3 Meaning of a corrupt person (fasiq) 9.24.4 Meaning of an upright person (`adal) 9.24.6 Others whose testimony is unacceptable 9.24.7 How many witnesses are needed in court cases 9.24.7 Cases involving property 9.24.8 Marriage or legal penalties 9.24.9 Fornication or sodomy 9.24.10 Things usually only seen by women 9.25.0 THE CALIPHATE 9.25.1 Obligatory character of the Caliphate 9.25.2 Communal obligation 9.25.3 Qualifications of a Caliph 9.25.3 (a) Being Muslim 9.25.3 (a) Unbelievers removed from office 9.25.3 (a) Altering the Sacred Law is disbelief 9.25.3 (a) Removing those of reprehensible innovations 9.25.3 (a) Emigrating from where Islam is forbidden 9.25.3 (d) Being capable of expert legal reasoning (Ijtihad) 9.25.3(i) Uprightness 9.25.4 Three ways to establish a Caliph in office 9.25.4(1) Oath of fealty from those with power etc. 9.25.4( 2) Being appointed successor by previous Caliph 9.25.4 (2) Seizure of power by qualified individual 9.25.5 Obedience to the Caliph 9.25.6 Invalidity of more than one Caliph 9.25.7 Delegating authority to those under the Caliph 9.25.7(1) Full ministerial authority 9.25.7(2) Limited ministerial authority 9.25.8 Regional Authorities 9.25.9 Authority in view of merit 9.25.9 Duties of regional authorities 9.25.10 Authority in view of seizure of power 9.26.0 CONCLUSION OF GOVERNANCE OF THE TRAVELLELR `UMDAT AL-SALIK 9.26.1 Allah knows best what is correct 9.26.1 Only one mujtahid is correct on a ruling 9.26.1 Ijtihad mistakes excused in works, not beliefs INTRODUCTION The rulings in this book on criminal justice apply only to Muslims living in an Islamic country, or if Muslims succeeded to incorporate the Islamic ruling into the political system outside Islamic country. It is presented to illustrate the value of the Islamic judicial system to western courts and magistrates, to invite them to adopt Islamic fair ruling, also to educate and inform Muslims of the Islamic serious consequences and penalties for crimes, that they are obligated to uphold in any time and place regardless if the place is ruled by Islam or not. Its relevance and value to Muslims residing outside Islamic countries is its warning that although they are not punished by the Islamic judicial system, they will most certainly be subjected to spiritual punishment in the Hereafter which is far more stern. It is also acts as a warning not to follow practices, such as fornication and adultery, gambling and drinking that are the norm and commonplace in western society. *Chapter 9.1.0: WHO IS SUBJECT TO RETALIATION FOR INJURIOUS CRIMES: Injurious crimes include not only those committed with injurious weapons, but those inflicted in other ways, such as with sorcery (x-136). Allah, the Most High says: ... and that you shall not kill the soul that Allah has forbidden except by right. (Koran 6.151), and, Believers, retaliation is decreed for you concerning the killed. (Koran 2.178). Killing without right is, after disbelief, one of the very worst major sins. In his book The Epitome Imam Shafi`i explicitly quotes the Prophet - may Allah venerate him and give him peace as saying: The blood of a Muslim man who testifies that there is no god except Allah and that I am the Messenger of Allah is not lawful to shed unless he is one of three. An adulterer, someone killed in retaliation for the killing of another, or some-one who abandons his religion and the Muslim nation. The Prophet, may Allah venerate him and give him peace says in another quotation (Ahadith): The killing of a believer is more heinous in the Sight of Allah than doing away with all of this world.'' Believers, retaliation (or its compensation) is decreed for you concerning the killed. A free (man) for a free (man), a slave for a slave, and a female for a female. He who is pardoned by his brother, let the ensuing be with kindness, and let the payment be with generosity. This is an alleviation from your Lord and mercy. He who transgresses thereafter shall have a painful punishment. (2.178) 9.1.1 Retaliation is obligatory for intentional killing etc: Retaliation is obligatory against anyone who kills a human being purely intentionally and without right. Intentionality is a first restriction and excludes killing someone through an honest mistake. Purely excludes a mistake made in a deliberate injury (9.2.3), Without right excludes cases of justifiable homicide such as lawful retaliation. 9.1.2 Those not subject to retaliation: The following are not subject to retaliation however does not wave the punishment in here after when applicable - : There is no retaliation upon a child or insane person, under any circumstances no matter whether Muslim or non-Muslim. As far as retaliation upon a person who who suffers from intermittent insanity is based on his mental condition, therefore when he is in state of insanity, he is considered insane, and when he is not, he is considered sane. If a person subject to obligatory retaliation becomes insane after the crime the full penalty is nevertheless exacted. If a drunk person takes the life of another, he is considered as a sane person, just as he would be if he pronounced divorce while in a drunken state (dis: 19.1.2); 2. A Muslim for killing a non-Muslim; 3. A Jewish or Christian subject of an Islamic state for killing an apostate from Islam, this is because they are subjects of the state and are under its protection, while killing an apostate from Islam is without consequence; 4. A father or mother (or their parents) for killing their children, or the childrens children. 5. a descendant is not subject to retaliation for killing someone whose death is subject to retaliation, for example when his father killed his mother. *Chapter 9.2.0: INTENTION IN INJURIOUS CRIMES 9.2.1 All types of injurious crimes, no matter whether it is killing or something less, are classified into three types: 1. an honest mistake; 2. a mistake made in a deliberate injury; 3. or purely intentional. 9.2.2 Honest mistake An honest mistake is an act such as shooting an arrow at a wall and hitting a person, or shooting at a person and hitting someone else, or slipping from a height and falling on someone. The criterion for an honest mistake is either that the act is intended but not the person, or, neither the act nor the person is intended. 9.2.3 Mistake made in a deliberate injury A mistake made in a deliberate injury is when one intends an injury that is not generally fatal, such as hitting someone with a light stick in a non-vital area from which the person dies and the like. 9.2.4 Purely intentional Purely intentional means, to intend an injury of the type that is generally fatal, whether with a blunt instrument or one that is sharp. *Chapter 9.3.0: RETALIATION FOR BODILY INJURY OR DEATH (Qisas) Believers, retaliation is decreed for you concerning the killed. A free (man) for a free (man), a slave for a slave, and a female for a female. He who is pardoned by his brother, let the ensuing be with kindness, and let the payment be with generosity. This is an alleviation from your Lord and mercy. He who transgresses thereafter shall have a painful punishment. (2.178) 9.3.1 Retaliation is obligatory, (A: if those entitled wish to take it (dis: 9.3.8) ) when there is a purely intentional injury (9.2.4) against life or limb. 9.3.2 Retaliation When retaliation for an injury is sought only the identical afflicted part of the body is subject to be retaliated against, such as a right hand for a right hand, but not a right hand for a left hand etc. The retaliation must not exceed the extent of the original injury. Regarding non-fatal bullet wounds, for example to the stomach or chest, they are not subject to physical retaliation because such injuries cannot be reproduced without risk of greater damage than the original injury and are therefore subject for compensation (dis: o4.15) alone. If a bone is broken that is also subject to compensation rather than retaliatory measures. Nor is there retaliation for nonfatal bullet wounds in the stomach or chest, for example, because such injuries cannot be reproduced without risk of greater damage than the original, for which reason they call for a compensation (dis: 9.4.15) alone. There is no retaliation for breaking a bone though payment is due to cover the cost of treatment and so forth. 9.3.3 Who can retaliate: Females are entitled to retaliate against males, children against adults, and lower class people against upper class no matter whether the retaliation is a life for a life, or limb for a limb. 9.3.4 Caliph's presence necessary during retaliation: It is not permissible to exact retaliation against someone without the presence of the caliph (9.25) or his representative because it is necessary to have the permission of one of them on account of the danger and lack of knowledge involved in exacting retaliation oneself. Retaliation requires the judgment and personal reasoning of a ruler. If someone takes retaliation without the caliph's permission, then it is valid, but the person who took it is disciplined (9.17) for carrying out the caliph's prerogative, since administering retaliation is one of his functions. However, if a person who is entitled to retaliate is able to do so proficiently, meaning he is strong and knows how to carry it out, it is permissible. However, if this is not the case then he is ordered by the ruler or his representative to have another carry it out by his commissioned agent. 9.3.5 When more than one are entitled to retaliate against one offender: If two or more people are entitled to exact retaliation against an offender, it is not permissible for just one of them to insist on doing so. However, if they choose one of themselves to exact the punishment, this is permissible, and the one chosen is considered as the other's commissioned agent. The parties may not take retaliation together, as this would amount to torturing the person being retaliated against. If each insists that he be the one to exact the punishment they must draw lots to see who will do it. 9.3.6 No retaliation against a pregnant women until after giving birth There is no retaliation against a pregnant woman until she has given birth and the infant is able to suffice with another's milk. 0-3.7 Retaliation upon from who cut another person hand then kills him The retaliation will be the same by cutting his hand then killing him. 9.3.8 Forgoing retaliation Whenever someone who is entitled to exact retaliation decides instead to forgive the offender and take from them compensation (9.4), then retaliation is no longer applicable, and the deserving person is entitled to the compensation. If some of a group of people who are entitled to retaliate agree to forgo it, as when a murder victim has children and one of them forgives the murderer, then retaliation is no longer obligatory, and the group deserves compensation from the offender, or the compensation may be waived. 9.3.9 When an offender kills a group of people: When someone kills a group of people or maims them one after another, retaliation is exacted for the first individual attacked, and the others are subject to be compensated. If the offender injures them all at once, then those entitled to retaliate against him draw lots to determine who will do so. 9.3.10 When a group kills someone: When a group of people murder a single person, they are all killed in retaliation, no matter whether the amount of injury inflicted by each upon the victim is the same or whether it differs. 9.3.11 Retaliation upon two inflictors of injury or one inflictor and a killer. If a person inflicts an injury on another person, then followed by a person who again inflicts or kills. We examine the killing-injury impact, so those injuries which cause killing, their doer is treated as killer. Otherwise, he is considered an inflictor of injury not a killer. Retaliation is carried upon the killer. 9.3.12 An intentional killer who kills the wrong person There is no retaliation against anyone for an injury or death caused by someone who intentionally killed, but the wrong person. However if the act of killing was conducted in junction with another person then that person is subject to retaliation. When an injurious crime is caused by a non-family member in cooperation with the victim's father, retaliation is only taken against the non-family member (dis: 9.1.2(4)). 9.3.13 Retaliation of wounds Retaliation is also obligatory (dis: 9.3.8) for every wound that cuts to the bone, such as a cut on the head or face that reaches the skull, or a cut to the bone in the upper arm lower leg, or thigh. To the bone means that it is known that a knife or similar reached the bone, not that the wound actually exposes the bone to view. *Chapter 9.4.0: COMPENSATION (Diya) The rulings below concern the maximum that the victim or victim's family may demand. If both sides agree on a compensation of lesser amount, or nothing at all, this is legally valid and binding. 9.4.1 Retaliation or Compensation: Retaliation is obligatory, though it may by pardoned only by the killers family, then Compensating them becomes obligatory for categories: 1. an honest mistake (9.2.2) ' 2. a mistake made in a deliberate injury (9.2.3); 3. intentionality, if those entitled to retaliate agree to forgo retaliation (dis: 9.3.8). 9.4.2 Compensation for killing a male Muslim The compensation for killing a male Muslim is 100 camels. Shafi`i scholars converted the herd equivalents to gold dinars, a dinar being equal to 4.235 grams of gold (dis: w-15). The amount due in the rulings below being the weight of the gold, regardless of its current market value. The stronger position in the Shafi'i school is that compensation should be reckoned in camels, after which both parties may agree on a lesser amount or another form of payment. 9.4.3 Compensation for a purely intentional killing The compensation is made severe for cases of purely intentional homicide (9.2.4) in three ways: (a) it must be paid immediately; (b) it is due from the offender himself; (c) and the amount paid is 1,333.3 gold dinars which is equal to 5,646.6 grams of gold, or else, 30 four year old she-camels, 30 five year old she-camels and 40 pregnant she-camels. 9.4.4 Compensation for death by mistake in a deliberate Injury: When the killing is a mistake made in a deliberate injury (def:9.2.3), the compensation is only made severe in one respect, namely, that the payment consists of the three types of camel mentioned above or 5,646.6 grams of gold, but when it is less severe then: (a) payment is deferred (9.4.11); (b) and is due from those of the offender and extended family who are required to pay (`aqila, def: 9.4.10). 9.4.5 Compensation for a death caused by an honest mistake When the killing occurred through an honest mistake (9.2.2), the compensation is less severe in three ways: payment is deferred; (b) it is due from those of the offender and extended family who are required to pay (9.4.10); (c) and the amount paid is 1,000 gold dinars which is equal to 4,235.0 grams of gold or: 20 two year old she-camels, 20 three year old she-camels and 20 three year old he-camels, 20 four year old she-camels, and 20 five year old she-camels. 9.4.6 Conditions when maximum is paid regardless whether or not the killing was intentional: No matter whether the killing was a mistake or intentional, the three types of camel compensation (9.4.3(c)) must be paid if the person killed was: 1. an unmarriageable kin by birth relative of the killer (17.6.1(1-8) and 17.6.2(1-6) ) : 2. slain in the Sacred Precinct in Mecca: or killed during one of the Sacred Months of Thul Qa`da, Thul Hijja, Muharram, or Rajab. 9.4.7 Defective animals may not constitute payment. 9.4.8 Payment in other than camels is permissible 9.4.8 If both parties are agreeable it is permissible for the deserving recipients to accept payment other than camels. 9.4.9 Compensation for other than male Muslims: For the rulings below, multiply the fraction named by the compensation appropriate to the death or injury according to the offenders intention and other relevant circumstances that determine the amount of a male Muslim's compensation (9.4.2-6 and 9.4.13). The compensation for the death or injury of a woman is one-half the compensation paid for a man. The compensation paid for a Jew or Christian is one-third of the compensation paid for a Muslim. Whereas, the compensation paid of a Zoroastrian is one-fifteenth of that of a Muslim. When a miscarriage is the result of someone having struck the stomach of a pregnant woman, or another part of her, or when someone frightens her and it results in her miscarrying, the compensation for the fetus is a male or female slave worth one-twentieth of the compensation payable for killing the fetus's father, or one-tenth that of its mother. The compensation is whatever they agree upon. 9.4.10 Which extended family members are liable to pay: The members of the offender's extended family who are liable for certain kinds of compensation consist of the offender's universal heirs, excluding his father, paternal grandfather (and on up), his son, son's son (and on down), that is all those mentioned in 23.10.6 (7-14). There is no obligation upon those of the extended family who are poor, poor meaning someone who has enough for himself but no more, the prepubescent, or insane to pay anything in conjunction with the other family members. If a Muslim offender has non-Muslim relatives there is no obligation upon them to pay the compensation. The same applies if an offender is a non-Muslim there is no obligation upon his Muslim relatives to pay the compensation. 9.4.11 When and how much each pays When there is an obligation upon the extended family to pay the compensation, they must pay the entire compensation of 100 camels (or the gold equivalents) within three years. There is an obligation upon each well-off extended family member to pay one-half dinar, meaning 2.1175 grams of gold, at the end of each year, while it is obligatory upon every member who is between affluence and poverty to pay a quarter dinar which is 1.05875 grams of gold. If, after three years, any of the compensation remains to be paid, or if the offender has no family to pay the compensation, it is paid by the Islamic treasury (Bayt al-mal). If there is none, the offender himself must pay. 9.4.12 Time in which lesser indemnities may be paid When the compensation due is less than a full compensation which means that which is due for a Muslim male (9.4.2-6) ), as when it is for a wound, miscarriage, female, or a Jewish or Christian subject of the Islamic state, then: 1. if it consists of one-third or less of a full compensation, it must be paid within one year; 2. if it consists of two thirds or less of a full compensation, then one third must be paid in the first year, and the rest in the second year; 3. and if it amounts to more than two-thirds of a full compensation, then the two-thirds must be paid within two years and the rest in the third year. 9.4.13 Compensation for Bodily Injuries Every limb that has a value and beauty if it is injured by cutting it, then a full recomansation is due, exactly as if the owner of the limb was killed. (9.4.2-6, 9.4.9). The same is due for each pair of limbs: if both are cut off, a full compensation is paid, while if only one is cut off, then half the full compensation. The same is true for the faculties of sense, (i.e. hearing): for each faculty the injury eliminates, there is a full compensation. A full compensation is paid for cutting off two ears, and a half compensation for one. This same applies for a pair of eyes, lips, jaws, hands, feet, buttocks, testicles, eyelids, the nipples of a female, vulva labia, the soft part of the nose, the tongue, head of the penis, or the whole penis. A full compensation is also paid for injuries which paralyze these members, or for injuring the peritoneal wall between vagina and rectum so they become one aperture, or for flaying a person, breaking his back, or eliminating the use of his mind, hearing, vision, speech, sense of smell, or taste. 9.4.14 Compensation for fingers and teeth: The compensation for each finger is ten camels, and five for each tooth (or 10 and 5 percent respectively of the equivalent gold values (9.4.3-5), depending on the relevant circumstances (dis: 9.4.9 ). 9.4.15 Compensation for bodily wounds: As for wounds on the body, their compensation consists of a fraction of the full compensation proportionate to the extent of the damage determined by the calculation of the Islamic magistrate. 9.4.16 Compensation for wounds to the head or face: The compensation for wounds to the head or face, when not to the bone, is also such a proportionate fraction, though if such wounds are to the bone, as mentioned above (9.3.13), the compensation is five camels (dis: 9.4.14). For the sake of brevity other injuries for which compensation is due have been omitted. 9.4.17 Compensation for killing non-Muslims at war with Muslims, apostates etc: Compensation is neither obligatory for killing a non-Muslim at war with Muslims (harbi), nor someone who has left Islam, nor someone sentenced to death by stoning (9.12) because they have been convicted by the court, or those it is obligatory to kill by military action. *Chapter 9.5.0: Expiation to Allah for Taking a Human Life 9.5.1 Expiation is due for any impermissible killing: An expiation is due to Allah, the Most High from anyone who kills someone unlawful to kill, whether the killing is through a mistake or is intentional, and no matter whether retaliation (9.3) or a compensation (9.4) is obligatory or not. 9.5.2 Expiation: The expiation consists of freeing a slave (16.32), or if one cannot, then the expiation is that of two consecutive months of fasting. There is no difference in the order of precedence whether the killer is legally accountable or not, as when he is a child or insane, in which case the guardian must free a slave on his behalf. However, if a child fasts the expiation is fulfilled. 9.5.4 Expiation for killing those who leave Islam. etc. There is no expiation for killing someone that has left Islam, a highwayman (9.15). or a convicted married adulterer, even when someone besides the caliph kills him. *Chapter 9.6.0: FIGHTING THOSE WHO REBEL AGAINST THE CALIPH 9.6.1 Fighting regardless whether the Caliph is just or unjust When a group of Muslims rebel against the caliph (khalifa, def: 9.25) in armed insurrection and want to overthrow him, or refuse to fulfill an obligation imposed by the Sacred Law, such as the payment of the obligatory charity (zakat), the caliph sends someone to them and redresses their grievances if possible. The Grand Shaykh, Imam Nawawi citing the consensus of Muslims (ijma def:7.7) says in his commentary on Sahih Muslim that it is unlawful to either revolt or fight against a caliph even if they are corrupt. If those who oppose the caliph adamantly refuse to obey him, no matter whether he is just or unjust, the caliph fights them with military weaponry that does not cause general destruction and neither uses fire nor missiles. The aim of the caliph is to suppress the opposition not to destroy them, and he neither pursues those who retreat, nor kills the wounded. 9.6.2 There is no financial responsibility on either side for the destruction sustained in such military action. 9.6.3 MY REWRITE OF 2ND PARAGRAPH Those who rose up against the Caliph are still subject to Islamic law because they have not committed an act that can be considered as one that expelled them from having left Islam, they are still considered to be Muslim. Neither are such people considered morally corrupt, but rather their understanding is mistaken. Therefore, the decisions of their Islamic judge are considered legally effective, provided he does not declare the lives of upright Muslims (9.24.4) to be justly forfeitable. ORIGINAL PARAGRAPH They are subject to Islamic laws (because they have not committed an act that puts them outside of Islam that they should be considered non-Muslims. Nor are they considered morally corrupt, for rebels is not a pejorative term, but rather they merely have a mistaken understanding), and the decisions of their Islamic judge are considered legally effective (provided he does not declare the lives of upright Muslims (9.24.4) to be justly forfeitable) if they are such as would be effective if made by our own judge. 9.6.4 If they do not rebel by war, the caliph may not fight them. *Chapter 9.7.0: WARDING OFF AGGRESSORS 9.7.1 Obligation of self-defense If a Muslim tries to kill a fellow Muslim then Muslim is entitled to kill his aggressor, however, it is not obligatory. If a non-Muslim or animal tries to kill a Muslim there is an obligation upon the Muslim to defend himself. 9.7.2 Defense of property If an aggressor is trying to take one's money or property, it is permissible to defend it but not obligatory. If the aggressor intends harm to one's womenfolk, such as one's wife, son's wife, or daughters it is obligatory to defend them. 9.7.3 Minimal force: To defend means to use the minimum amount of force required. If one knows that shouting will repel the aggressor, one may not strike him. If a hand is enough, a stick may not be employed. If a stick will do, a sword may not be used. If cutting the other's hand will suffice, one may not kill him. Mawardi states that this precedence order is for crimes that are not indecencies. If someone is raping a member of the household, then it is permissible to kill him. Someone who knows, that is that he believes an aggressor cannot be dissuaded by anything short of killing him may kill him and is not held accountable. 9.7.4 When one has warded off an aggressor, it is unlawful to take further measures against him. *Chapter 9.8.0: APOSTASY FROM ISLAM (Ridda) Leaving Islam is not only the ugliest form of disbelief (kufr) but the worst. It may come about through making fun, as when someone is told, Trim your nails, it is Prophetic practice,'' and he replies, I would not do it even if it is Prophetic practice as opposed to when some circumstance exists which exonerate him of having committed apostasy. For example, when his tongue mispoke or when he is quoting someone, or says it out of fear. 9.8.1 Whosoever voluntarily leaves Islam is killed When a person who has reached puberty and is sane voluntarily apostatizes from Islam, he deserves to be killed. 9.8.2 Apostates must first be asked to return to Islam In such a case, it is obligatory for the caliph or his representative to ask him to repent and return to Islam. If he does, it is accepted from him, but if he refuses, he is killed immediately. 9.8.3 Only caliph may kill an apostate If the apostate is a freeman, no one besides the caliph or his representative may kill him. If someone else kills him, the killer is disciplined (9.17) because he has taken upon himself the rights and duty of the caliph. 9.8.4 Compensation or expiation for killing an apostate 9.8.4 There is neither compensation nor expiation for killing an apostate. 9.8.5 If a person apostatizes from Islam and returns several times, his testifying of faith is accepted (9.8.7(12) ) from him, though he is disciplined (9.17). 9.8.6 When a wife apostatizes If a wife in a consummated marriage apostatizes from Islam, the couple is separated for a waiting period consisting of three intervals between menstruations. If the wife returns to Islam before the waiting period ends, the marriage is not annulled but is considered to have continued the whole time (dis: 17.7.4). 9.8.7 Acts that Entail Leaving Islam Among the things that entail apostasy from Islam (may Allah protect us from them) are: 1. to prostrate to an idol no matter whether making fun, out of contrariness, or in actual conviction, or belief that the Creator is something that originated in time. Idols include such things as the sun or moon or anything that is bowed or prostrated before. 2. to intend to commit disbelief, even if in the future. And like this intention is hesitating whether to do so or not: one thereby immediately commits the act of disbelief; 3. to speak words that imply disbelief such as Allah is the third of three, or I am Allah - unless by the slip of one's tongue, or one is quoting another, or is one of the friends of Allah, the Most High (wali, def: w-33) in a spiritually intoxicated state of total oblivion for these do not constitute disbelief; 4. to revile Allah or His Messenger - may Allah venerate him and give him peace ; 5. to deny the existence of Allah, His beginingless eternality, His endless eternality, or to deny any of His attributes which the consensus of Muslims ascribe to Him (dis: 24.1); 6. to be sarcastic about the Name of Allah, His command, His interdiction, His promise, or His threat; 7. to deny any verse of the Koran or anything, which by scholarly consensus (7.7) belongs to it, or to add a verse that does belong to it; 8. to mockingly say, I don't know what faith is''; 9. to reply to someone who says, There is no power or strength except through Allah; with the response Your saying there's no power or strength, etc, won't save you from hunger''; 10. for a tyrant, after an oppressed person says, This is through the decree of Allah,'' to reply, I act without the decree of Allah; 11. to say that a Muslim is an unbeliever (kafir) (dis: w-47) in words that are uninterpretable as meaning he is an ingrate towards Allah for divinely given blessings; 12. a Muslim who refuses to teach a non-Muslim who asks to be taught the words of the witnessing of faith (Shahada), La ilaha ill Allahu Muhammadun rasulu Llah, meaning, there is no god except Allah, Muhammad is the Messenger of Allah. 13. to describe a Muslim or someone who wants to become a Muslim in terms of disbelief (kufr); 14. to deny the obligatory character of something, which by the consensus of Muslims (ijma`, def: 7.7) is part of Islam, such as the prayer (salat) or even one rak'a from one of the five obligatory prayers, if there is no excuse (5.2.4); 15. to hold that any of the messengers of Allah or His prophets are liars, or to deny their being sent; 16. `Ala' al-din' Abidin added: to revile the religion of Islam; 17. to believe that things in themselves or by their own nature have any causal influence independent of the will of Allah; 18. to deny the existence of angels or jinn (w-22), or the heavens; 19. to be sarcastic about any ruling of the Sacred Law; 20. or to deny that Allah intended the Prophet's message - may Allah venerate him and give him peace - to be the religion followed by the entire world (dis: w-4.3-4) (al-Hadiyya al-`Ala'iyya (y-4), 423-24). There are others, for the subject is nearly limitless. May Allah, the Most High save us and all Muslims from it. *Chapter 9.9.0: JIHAD Jihad means to war against non-Muslims, and is derived from the word mujahada signifying warfare to establish the religion, and it is the lesser jihad. The greater jihad, it is spiritual warfare against the lower self (nafs), which is why the Prophet - may Allah venerate him and give him peace - said as he was returning from jihad: We have returned from the lesser jihad to the greater jihad. The scriptural basis for jihad, prior to scholarly consensus (7.7) is found in such Koranic verses as: 1. (Offensive) fighting is obligatory for you (Koran 2.216); 2. And fight against the unbelievers all together as they themselves fight against you all together . (Koran 9.36); and such Prophetic quotations (Ahadiths) as the one related by Bukhari and Muslim that the Prophet - may Allah venerate him and give him peace - said: I have been commanded to fight people until they bear witness that there is no god except Allah and that Muhammad is the Messenger of Allah, and perform the prayer, and pay the obligatory charity (zakat). If they say it, they have saved their blood and possessions from me, except for the rights of Islam over them. And their final reckoning is with Allah; and the Prophetic quotation (Ahadith) reported by Muslim: To go forth in the morning or evening to fight in the path of Allah is better than the whole world and everything in it.'' Details concerning jihad are found in the accounts of the military encounters of the Prophet - may Allah venerate him and give him peace - including his own martial raids and those on which he dispatched others. The former consist of the ones he personally attended, which numbered either twenty-seven or twenty-nine. The Prophet - may Allah venerate him and give him peace - fought in eight of encounters, and killed only one person, namely Ubayy ibn Khalaf, with his noble hand at the battle of Uhud. 9.9.1 The Obligatory character of Jihad Jihad is a Communal obligation (8.3.2). When enough people engage in jihad to accomplish it successfully, it is no longer obligatory upon others the evidence for which is the Prophet's saying - may Allah venerate him and give him peace - "He who provides the equipment for a soldier in jihad has himself performed jihad," and Allah, the Most High said: Believers who stay behind, having no injury, are not equal to those who fight in the way of Allah with their wealth and their souls. Allah has preferred those who fight with their wealth and their souls a degree above those who stay behind (because of sickness). Yet to each, Allah has promised the most excellent (Paradise). And Allah has preferred those who fought over those who stayed behind with a great wage. (Koran 4.95) When able-bodied men are called upon to engage in jihad - regardless whether or not it actually occurs - do not participate each and everyone who is aware that it is obligatory to take part in the jihad is guilt of sin After the Prophets migration to Medina jihad became a Communal obligation. As for subsequent times, there are two possible states in respect to non-Muslims. The first is when they are in their own countries, in which case jihad (9.9.8) is a Communal obligation , and this is what our author is speaking of when he says, "Jihad is a Communal obligation ," meaning upon the Muslims each year. The second state is when non-Muslims invade a Muslim country or near to one, in which case jihad is personally obligatory (8.3.2) upon the inhabitants of that country, who must repel the non-Muslims with whatever they can). 9.9.2 When jihad is a personal obligation Jihad is obligatory upon all those present in the battle lines and it is a major sin to flee from a battle. However, if a person does not take part on account of illness or the death of one's mount when unable to fight on foot, or because one no longer has a weapon, then one may leave. One may also leave if the opposing non-Muslim army is more than twice the size of the Muslim force. 9.9.3 Surrender when overrun Jihad is also obligatory upon every able person, men, women, old and young when the enemy has surrounded Muslims territory, even if the land consists of ruins, wilderness, or mountains. This is because non-Muslim forces entering Muslim lands is a weighty matter that cannot be ignored, and must be met with effort and struggle to repel them by every possible means if they have sufficient provisions and weaponry to defend themselves. If this is not the case and the enemy has already overcome and a Muslim encounters a non-Muslim and fears for his life if he is captured then he must defend himself. However, if he is uncertain whether or not he will be killed or just taken captive he has the option to either fight or surrender. A woman also has the choice either to fight or to surrender as long as she is certain that she will not be subject to an indecent act if captured. If she is uncertain whether or not she will be safe then she is obligated to fight and surrender is not permissible. 9.9.4 Those obligated to fight in Jihad Those called upon to fight are every able bodied man who has reached puberty and is sane. 9.9.5 Those not permitted to fight The following may not fight in jihad: 1. Someone in debt, unless his creditor gives him leave; 2. or someone with at least one Muslim parent, until they give their permission; unless the Muslims are surrounded by the enemy, in which case it is permissible for them to fight without permission. 9.9.6 Caliph's permission It is offensive to conduct a military expedition against hostile non-Muslims without the caliph's permission, although if there is no caliph (9.25), no permission is required. 9.9.7 Non-Muslim allies Muslims may not seek help from non-Muslims allies unless the Muslims are considerably outnumbered and the allies have goodwill towards the Muslims. 9.9.8 Objectives of Jihad The caliph (9.25) makes war upon Jews, Christians (Nazarenes), and Zoroastrians provided he has first invited them to enter Islam in faith and practice, and if they will not, then invited them to enter the social order of Islam by paying the non-Muslim poll tax (jizya, def: 9.11.4). Their circumstances remain as such until they either become covert to Islam or continue paying the non-Muslim poll-tax. Allah, the Most High says: Fight those who neither believe in Allah nor the Last Day, who do not forbid what Allah and His Messenger have forbidden, and do not embrace the religion of the truth, being among those who have been given the Book, until they pay tribute out of hand and have been humiliated. (Koran 9.29), After the final coming of Prophet Jesus, nothing but Islam will be accepted from them, that is because the taking of the poll tax is only effective until Jesus' descent - peace be upon him, and this has been Divinely revealed in the Law of Prophet Muhammad - may Allah venerate him and give him peace. The final coming of Jesus does not constitute a separate Divinely revealed law, he will rule with the law of Prophet Muhammad may Allah venerate him and give him peace - because he said: Authority among the Children of Israel was exercised by prophets. When a prophet died, he was succeeded by another prophet. I will not be succeeded by a prophet, but there will be caliphs after me, a large number of them. He as asked, "I am the last, there will be no prophet after me," this does not contradict the final coming of Jesus peace be upon him - since he will not rule according to the Evangel, but as a follower of our Prophet - may Allah venerate him and give him peace. 9.9.9 Regarding others: The caliph fights all other peoples until they become Muslim because they are not a people with a Book, nor honored as such, and are not permitted to settle with paying the poll tax (jizya). However, according to the Hanafi school, peoples of all other religions, even idol worshippers, are permitted to live under the protection of the Islamic state if they either become Muslim or agree to pay the poll tax, the sole exceptions to which are apostates from Islam and idol worshippers who are Arabs, neither of whom has any choice but becoming Muslim (al-Hidaya sharh Bidaya al-mubtadi' (y-21), 6.48-49) ). 9.9.10: Rules of warfare It is not permissible (A: in jihad) to kill women or children unless they are fighting against the Muslims. Nor is it permissible to kill animals, unless they are being ridden into battle against the Muslims or if killing them will help defeat the enemy. It is permissible to kill old men and monks. 9.9.11 Non-Muslims under a Muslim's protection It is unlawful to kill non-Muslims to whom a Muslim has given his guarantee of protection provided their number is limited, and that Muslims are not harmed through his protection of the non-Muslims as for example when they are spies. Protection can be given by Muslims only after they have reached the age of puberty and to those who are not already taken prisoner or a spy. 9.9.12 Whosoever converts to Islam before being captured may not be killed or have his property confiscated, or his wife or young children taken captive. 9.9.13 Women and children captives When a child or a woman is taken captive, they become slaves by the fact of capture, and the woman's previous marriage is immediately annulled. 9.9.14 Adult male captives When an adult male is taken captive, the caliph (9.25) considers the interests of Islam and the Muslims then and decides between the prisoner's death, slavery, release without payment, or ransoming himself in exchange for money or for a Muslim captive held by the enemy. If the prisoner becomes a Muslim before the caliph chooses any of the four alternatives then he may not be killed, and one of the other three alternatives is chosen. 9.9.15 Destruction of enemies' trees etc. It is permissible (not obligatory) in jihad to cut down the enemy's trees and destroy their dwellings (if the amir see its advantage, not just for the sake of destruction). 9.9.16 Truces. As for truces, the author does not mention them. In the Sacred Law truce means a peace treaty with those hostile to Islam, involving a cessation of fighting for a specified period, whether for payment or something else. The scriptural basis for them includes such Koranic verses as: 1. "An acquittal from Allah and His Messenger..." (Koran 9.1); 2. "If they incline towards peace, incline towards it also" (Koran 8.61); as well as the truce which the Prophet - may Allah venerate him and give him peace - made with the Koraysh in the year of Hudaybiya, as related by Bukhari and Muslim. Truces are permissible, not obligatory. The only authorities who may effect a truce with a segment of the non-Muslims of the region are the Muslim ruler or representative of the region, or the caliph (9.25) or his representative. However, when a truce is made with more than a segment of the non-Muslims, or with all of them, or with all in a particular region such as India or Asia Minor, then it is only the Caliph, or his representative who may effect it. This is because it is a matter of gravest consequence, whether globally or in a given locality, and the interests of Muslims must be looked after. It is for this reason that it is best to be undertaken by the Caliph or his representative who oversees the interests of various regions. There must be some interest served in making a truce other than mere preservation of the status quo. Allah, the Most High says: Therefore, do not be weakened and call out for peace, you shall be the upper ones. (Koran 47.35) Interests that justify making a truce are such things the weakened status of Muslims on account of their number or lack of equipment, or the hope of an enemy becoming Muslim. This is because the Prophet - may Allah venerate him and give him peace - made a truce in the year Mecca was opened with Safwan ibn Umayya for four months in hope that he would become Muslim, and during this time he converted to Islam. If the Muslims are weak, a truce may be made for ten years if necessary, because as Abu Dawood reported, the Prophet - may Allah venerate him and give him peace - made a truce with the Koraysh for that length of time. It is not permissible to stipulate longer than that, except through the making of new truces that do not exceed ten years. The rulings of such a truce are inferable from those of the non-Muslim poll tax (9.11) during which time non-Muslims must not be harmed. *Chapter 9.10.0: THE SPOILS OF WAR 9.10.1 When a free male Muslim who has reached puberty and is sane engages in a battle from its start to end he is entitled to the spoils of war. After personal booty (9.10.2), the collective spoils of the battle are divided into five parts. The first fifth is set aside (dis: 9.10.3), and the remaining four are distributed, one share to each infantryman and three shares to each cavalryman. From these latter four fifths also, a token payment is given at the leader's discretion to women, children, and non-Muslim participants on the Muslim side. A combatant only takes possession of his share of the spoils at the official division, however he is free to waive his rights. 9.10.2 Personal booty As for personal booty, anyone who, despite resistance, kills one of the enemy or effectively incapacitates him, risking his own life thereby, is entitled to whatever he can take from the enemy. This means as much as he can take away with him in the battle, such as a mount, clothes, weaponry, money, or other. 9.10.3 Dividing collective spoils As for the first fifth that is taken from the spoils, it is divided in turn into five parts, a share each going to: 1. the Prophet - may Allah venerate him and give him peace - then after his death to such Islamic interests as fortifying defenses on the frontiers, salaries for Islamic judges, muezzins, and the like; 2. relatives of the Prophet - may Allah venerate him and give him peace - of the Bani Hashim and Bani Muttalib tribes, each male receiving the share of two females; 3. orphans who are poor; 4. those who are short of money (13.8.11); 5. and destitute travelers needing money (13.8.18) *Chapter 9.11.0: NON-MUSLIM SUBJECTS OF THE ISLAMIC STATE (Ahl Al-Thimma) 9.11.1 Who may enter a citizenship agreement with Muslims: A formal agreement of protection is made with citizens who are: 1. Jews; 2. Christians (Nazarenes) Zoroastrians; 4. Samarians and Sabians, if their religions do not respectively contradict the fundamental bases of Judaism and Christianity; 5. and those who aThere to the religion of Abraham or one of the other prophets peace be upon them. 9.11.2 Idolaters and post-Islamic sects excluded Such an agreement may not be effected with those who are idol worshippers, or those who do not have a Sacred Book or something that could have been a Book. Something that could have been a Book refers to those like that of the Zoroastrians, who have remnants resembling an ancient Book. As for the psuedoscriptures of cults that have appeared since Islam such as the Sikhs, Baha' is, Mormons, Qadianis, etc. they neither are, nor could be a Book, since the Koran is the final revelation (dis: w-4). 9.11.3 Conditions imposed on non-Muslims Such an agreement is only valid when the non-Muslim subjects: (a) follow the rules of Islam mentioned below (9.11.5) and those involving public behavior and dress. Non-Muslim acts of worship and their private lives have their own laws, judges, and courts that enforce the rules of their own religion among their communities; (b) and pay the non-Muslim poll tax (jizya). 9.11.4 Non-Muslim poll tax The minimum non-Muslim poll tax is one dinar, which is 4.235 grams of gold per person per year. The maximum is whatever both sides agree upon. The poll tax is collected with leniency and politeness, as are all debts, and is not levied on women, children, or the insane. 9.11.5 Rules for non-Muslim subjects There is an obligation upon Non-Muslim subjects to comply with Islamic rules that pertain to the safety and compensation of life, reputation, and property. In addition, they: 1. are penalized for committing adultery or theft, though not for drunkenness; 2. are distinguished from Muslims in dress, wearing a wide cloth belt (zunnar); 3. are not greeted with "as-Salamu 'alaykum"; 4. must keep to the side of the street; 5. may not build higher than or as high as the Muslim buildings, though if they acquire a high rise home, it is not razed; 6. are forbidden to openly display wine or pork, to ring church bells or display crucifixes, recite the Torah or Evangel aloud, or make public display of their funerals and feast-days; 7. and are forbidden to build new churches. 9.11.6 Non-Muslims forbidden to reside in the Hijaz Non-Muslims are forbidden to reside in the Hijaz, meaning the area and towns around Mecca, Medina, and Yamama unless the caliph permits them to enter for something they need in which case the duration may not be for more than three days. 9.11.7 Non-Muslims may not enter Mecca, mosques, etc. A non-Muslim may not enter the Sacred Precinct of Mecca (Haram) under any circumstances, neither may they enter any other mosque without permission and Muslims may not enter churches without the permission of non-Muslims. 9.11.8 Caliph must defend non-Muslims in a Muslim land It is obligatory for the caliph (9.25) to protect non-Muslims living in Muslim lands in the same way that he would protect Muslims, and to seek the release of those of them who are captured. 9.11.9 Violations of the terms of the agreement If non-Muslim subjects of the Islamic state refuse to conform to the rules of Islam, or to pay the non-Muslim poll tax, then their agreement with the state has been violated (dis: 9.11.11). If one non-Muslim disobeys the Islamic rule it concerns him alone. 9.11.10 The Agreement violation The agreement is violated (A: with respect to the offender alone) if the state has stipulated that any of the following things break it, and one of the subjects does so anyway, though if the state has not stipulated that these break the agreement, then they do not; namely, if one of the subject people: 1. commits adultery with a Muslim woman or marries her; 2. conceals spies of hostile forces; 3. leads a Muslim away from Islam; 4. kills a Muslim; 5. or mentions something impermissible about Allah, the Prophet - may Allah venerate him and give him peace - , or Islam. 9.11.11 Consequences to violators When a non-Muslims subject violates the agreement with the state the caliph chooses between the four alternatives mentioned in connection with prisoners of war (9.9.14). *Chapter 9.12.0: PENALTY FOR FORNICATION OR SODOMY 9.12.1 The legal penalty is obligatorily imposed upon anyone who fornicates or commits sodomy provided it is legally established (19.11.2 (O:) ) ) when they: (a) have reached puberty; (b) are sane; (c) and commit the act voluntarily; no matter whether the person is a Muslim, non-Muslim subject of the Islamic state, or someone who has left Islam. 9.12.2 Who is subject to the penalty If the offender is someone with the capacity to remain chaste, then he or she is stoned to death (9.12.6). Some with the capacity to remain chaste means anyone who has had sexual intercourse, at least once with their spouse in a valid marriage, and is free, of age, and sane. A person is not considered to have the capacity to remain chaste if he or she has only had intercourse in a marriage that is invalid, or is prepubescent at the time of marital intercourse, or is someone insane at the time of marital intercourse who subsequently regains their sanity prior to committing adultery. If the offender is not someone with the capacity to remain chaste, then the penalty consists of being scourged (9.12.5) one hundred stripes and banished to a distance of at least 81 km./50 miles for one year. 9.12.4 Circumstances in which ignorance is excusable Someone who commits fornication is not punished if he says that he did not know it was unlawful, provided he is a new Muslim or grew up in a remote area where there are no Islamic scholars. If neither of these is the case, such a person is punished. 9.12.5 Scourging An offender is not scourged in intense heat or bitter cold, or when he is ill and recovery is expected until he has recovered. The punishment does not take place in a mosque, or when the offender is a pregnant woman until she gives birth and has recovered from the pain of childbirth. The whip used should be neither new nor old or worn-out, but something in between. The offender is not stretched out when scourged, neither are his hands bound, rather they left loose to fend off blows, nor is he undressed, rather he is dressed in an ankle length shirt. The administrator of the punishment does not strike so hard that blood is drawn. The blows are distributed to various parts of the body, avoiding the vital parts of the body and the face. A man is scourged standing; a woman, sitting and is covered by a garment wrapped around her. If the offender is emaciated, or sick from an illness, from he is not expected to improve, then he or she is scourged with a single date palm frond upon which there are either a hundred or fifty strips. If the palm has a hundred fronds, the offender is struck once with it, but if there are fifty, then he is struck twice, or with the edge of a garment. 9.12.6 Stoning If the penalty is stoning, the offender is stoned even in severe heat or cold, and even if he has an illness from which he is expected to recover. A pregnant woman is not stoned until she gives birth and the child can suffice with the milk of another. *Chapter 9.13.0: THE PENALTY FOR ACCUSING A PERSON OF ADULTERY WITHOUT PROOF 9.13.1 Who is subject to the penalty When a person who has reached puberty and is sane voluntarily: (a) accuses another person of adultery or sodomy, whether the accusation is in plain words or allusive words intended as an accusation; and the accused is someone who could be chaste (def:9.13.2) and is not the offspring of the accuser; then the accuser is subject to the penalty for accusing a person of adultery without four witnesses no matter whether he is a Muslim, non-Muslim subject of the Islamic state, someone who has left Islam, or is of a group that has a truce with Muslims. 9.13.2 Meaning of someone who could be chaste Someone who could be chaste in this context means someone who has reached puberty, is sane, free, Muslim, and has not committed an act of fornication, meaning it has not been legally established (r.11.2(O:) 9.13.3 Penalty The penalty for making such an accusation without witnesses is to be scourged with (9.12.5) eighty lashes. 9.13.4 Accusing in plain words versus allusive words Accusations in plain words include such expressions as "You have committed fornication," and the like, while allusive words means such expressions as "You lecher," or "You wretch." If the latter terms intended to accuse, they amount to an accusation, if not, then they are not. The accuser is the one whose word is accepted when there is no proof, if he swears an oath, as to what he intended by such allusive words. 9.13.5 Accusing a group of people If someone accuses a whole group of people of adultery who could not possibly all be guilty, such as saying, "All the people in Egypt are adulters, he is disciplined (9.17). However, when his accusation is not impossible, such as saying, "The so-and-so tribe are adulterers," then he must bear a separate penalty for every single person in the group. 9.13.6 Someone who accuses another twice of adultery without witnesses is punished only once. Someone who accuses a person of adultery and is punished for the accusation, but then again accuses the person of the same act of fornication is disciplined (9.17). 9.13.7 When someone accuses a person who could possibly be chaste (9.13.2) of adultery, but the accuser has not yet been punished at the time the accused subsequently commits an act of fornication, then the accuser is not punished. 9.13.8 Conditions for imposing the penalty The penalty for accusing a person of adultery without witnesses is only carried out when the Islamic magistrate is present, and the accused requests that it be carried out. If the accused forgives the offender, there is no punishment. 9.13.9 If an accused person dies after an accusation has been made and before he was punished, then his right to demand that the punishment be carried out is given to his heirs. *Chapter 9.14.0: THE PENALTY FOR THEFT 9.14.1 Penalty A person's right hand is amputated, whether he is a Muslim, non-Muslim subject of the Islamic state, or someone who has left Islam, when he: (a) has reached puberty; (b) is sane; (c) is acting voluntarily; (d) and steals at least a quarter of a dinar (1.058 grams of gold) or goods worth that much at the market price current at the time of the theft: (e) from a place meeting the security requirements normal in that locality and time for safeguarding similar articles (9.14.3); (f) provided there is no possible confusion (dis: 9.14.2(3) ) as to whether he took it by way of theft or for some other reason. If a person steals a second time, his left foot is amputated; if a third time, then his left hand, and if he steals again, then his right foot. If he steals a fifth time, he is disciplined (9.17). If he does not have a right hand at the time of the first offense, then his left foot is amputated. If he has a right hand but loses it after the theft by an act of God, but before he has been punished for it, then nothing is amputated. After amputation, the limb is cauterized with hot oil, which in previous times was the means to stop the bleeding and save the criminal's life. 9.14.2 A person's hand is not amputated when: 1. he steals less than the equivalent of 1.058 grams of gold; 2. he steals the article from a place the does not meet normal requirements for safeguarding similar articles (dis: below); or when there is a possible confusion as to why he took it, as when it belongs to his son or father or was taken from the Islamic treasury (bayt al-mal) that is provided the person is Muslim, since he might have intended to use it to build mosques, bridges, or hospices. 9.14.3 Meaning of normal security for similar articles A place that meets normal security requirements for safeguarding similar articles means a place appropriate for keeping the thing, this varying with the type of article, the different countries, and with the justness of the ruler or lack of it, as well as the ruler's relative strength or weakness. A suitable place for safeguarding fine clothes, money, jewels, and jewelry, for example, is a locked box. The storage place for trade goods is a locked warehouse with guards; the storage place for livestock is a stable; while the furniture are stored in the house or whatever the custom. 9.14.4 If two persons jointly steal the equivalent of 1.058 grams of gold, then neither of the two's hand is amputated. 9.14.5 Only the Caliph may impose a penalty A freeman's hand may not be amputated by anyone besides the caliph or his representative (9.25). 9.14.6 No amputation applicable (of the severing the hand for theft-penalty) for forcible seizure etc (rather, may apply the robberys penalty see next of cutting hands and legs.) There is no amputation for forcible seizure (meaning someone relying on force (to take people's money, who has a gang helping him) ), snatching (meaning someone who depends on running away and is unarmed), or betraying a trust (of something entrusted to him, such as a deposit for safekeeping), or appropriating something by disavowal (A: i.e. denying that the victim loaned or entrusted him with such and such a thing), (because of the Prophet's - may Allah venerate him and give him peace - saying, "There is no amputation for someone who seizes by force, snatches and runs, or betrays a trust,:" A Prophetic quotation (Ahadith) TirmiThi classified as rigorously authenticated (Sahih) ). (A: But if one of the above mentioned persons is a repeated offender whom it is in the interests of society to kill, the caliph may kill him.) *Chapter 9.15.0: THE PENALTY FOR HIGHWAY ROBBERY 9.15.1 There is an obligation upon the caliph to summon whosoever uses a weapon and makes people afraid to use the road regardless of location. Force also is considered as being a weapon. If the highwayman responds to the summons before he has injured anyone, then he is only disciplined (9.17). However, if he stole the equivalent of 1.058 grams of gold under the previously mentioned conditions (9.14.1), both his right hand and left foot are amputated. The difference between a highwayman and someone who takes by forcible seizure (dis: 9.14.6) is that the latter does so within earshot of help, while the offense of the highwayman is far greater because he menaces the lifeline of the community and its trade routes. 9.15.2 Penalty If a highwayman kills someone, he must be executed, even when the person entitled to retaliation (9.3) agrees to forgo it. If a highwayman robs and kills, he is killed and then left crucified for three days. (for a sign for others not to dare) If he wounds or maims someone, retaliation is taken against him, though it may be waived by those entitled to take it. 9.15.3 Giving oneself up averts the penalty The penalty for highway robbery, such as mandatory execution, crucifixion, and amputating the hand and foot, is cancelled if the highwayman repents, desists, and gives himself up before being apprehended, though he is still liable to retaliation (9.3) by entitled parties for injuries or deaths he caused to victims. He is also financially responsible for restoring the money he has taken. *Chapter 9.16.0: PENALTY OF DRINKING INTOXICANTS 9.16.1 Meaning of unlawful beverages Any beverage that intoxicates when taken in large quantities is unlawful both in small and large quantities. It is unlawful both in small and large quantities no matter whether it is wine, fermented raisin drink, or something else. 9.16.2 Who is subject to the penalty The penalty for drinking intoxicants is obligatorily enforced against anyone who: (a) drinks intoxicants; (b) has reached puberty; (c) is sane; (d) is Muslim; (e) does so voluntarily; (f) and knows it is unlawful, however if the person is ignorant of the prohibition as outlined in (9.12.4) that relates to adultery, he is not punishable. 9.16.3 Penalty The penalty for drinking is to be beaten forty stripes, with hands, sandals, and ends of clothes. It may be administered with a whip, but if the offender dies, a compensation (9.4.4) is due by the person administrating the punishment for his death. If the caliph (9.25) increases the penalty to eighty stripes, it is legally valid, but if the offender dies from the increase, the caliph must pay an adjusted compensation, such that if he is given forty-one stripes and dies, the caliph must pay 1/41 of a full compensation. 9.16.4 Repeated fornication, drinking, etc. Someone who commits adultery, or drinks, or steals several times before being punished is only punished once for each type of crime. 9.16.5 With the exception of the highwayman who repents before he is caught (dis: 9.15.3), the penalty for a crime is not averted by the repentance of an offender. . 9.16.6 Alcohol is absolutely impermissible It is not permissible to drink an intoxicant under any circumstances no matter whether as a medicine, or out of extreme thirst. The only exception is if one is choking on a piece of food and there are no other means of clearing from ones throat one may drinking the intoxicant, because in such circumstances it is obligatory. Alcohol may not be used in bread making or for cooking meat. Shaykh al-Islam Zakariyya Ansari states, "It may not be used for medicine or extreme thirst, though there is no prescribed penalty for doing so, even when something besides it is available." The prohibition of using it for medicine or extreme thirst refers to when it is unmixed, as opposed to when it is compounded with something else that renders it completely indistinguishable, such that no taste, no color, or odor of it remains, in which case it is permissible. 9.16.7 Nonalcoholic Intoxicants Muhammad Shirbini Khatib says that the term beverage (dis: 9.16.1) excludes plants, such as hashish, which hashish users eat. The two Shaykhs Rafi'i and Nawawi mention in the section of their reference relating to food that ruyani is unlawful to eat, although there is no legal penalty attached to its eating (Mughni al-muhtaj ila ma`rifa ma`ani alfaz al-Minhaj (y-73), 4.187). Al-Mawsu`a al-fiqhiyya says that in the same way that any intoxicant beverage is unlawful to consume no matter whether in large or small quantities, it is absolutely unlawful to use any solid substance detrimental to mind or body which produces languor or has a narcotic effect. However, minute, beneficial amounts prescribed to treat illnesses are permissible. Substances are not unlawful in themselves, but are unlawful because they are deleterious (mawdu' al-ashriba. Tab`a tamhidiyya li mawdu `at al-Mawsu`a al-fiqhiyya, no. 1(y-134), 49). *Chapter 9.17.0: DISCIPLINARY ACTION (Ta`zir) 9.17.1 Disciplinary action for disobedience without a prescribed penalty Someone who commits an act of disobedience to Allah, the Most High that constitutes neither a prescribed legal penalty nor expiation, such as bearing false witness, is disciplined to the extent the caliph (9.25) deems appropriate. The caliph exercises his own legal reasoning (ijtihad) and does what he thinks should be done, whether imprisonment and beating, or either, or a verbal reprimand. He may not administer a more severe degree of punishment than what he feels is strictly necessary. 9.17.2 Disciplinary action may not reach the amount of the least prescribed legal penalty. For example, a freeman if beaten may not receive forty stripes. 9.17.3 If the caliph sees fit not to take any disciplinary action, this is also permissible when it concerns a right owed to Allah, the Most High, because the caliph is entrusted to use his own legal reasoning. However, if it concerns a right owed to a fellow human being who has demanded that it be fulfilled, for example when someone has been cheated, it is impermissible to do nothing. If a person is entitled to have another disciplined, but decides to forgive him, the ruler may nevertheless discipline him. 9.17.4 Guardians, teachers, etc., may discipline charges A father or grandfather (and on up) is entitled to discipline those under his care when they commit an act that is unbecoming, and so may a mother with her child. A husband is entitled to discipline his wife for not giving him his rights (17.5.1). A teacher may discipline a student, spanking for example, is permissible if there is a valid lawful purpose to be served thereby, and the student's guardian has given the teacher permission. *Chapter 9.18.0: OATHS (Yamin) : An oath is a solemn statement to do or refrain from something, or that something is true, such that if things turn out otherwise, the swearer must make an expiation (9.20.2). 9.18.1 An oath is only valid from a person (whether Muslim or non-Muslim) who: (a) has reached puberty; (b) is sane; (c) makes the oath voluntarily; and intends an oath thereby. 9.18.2 Unthinking oaths are invalid The oath of someone whose tongue runs away with him and who unthinkingly swears an oath, or someone who intends a particular oath but unintentionally swears something else, does not count and is an unintentional oath. Allah, the Most High says: Allah will not call you to account for a slip in your oaths. But He will take you to task for that which is intended in your hearts. Allah is Forgiving and Merciful. (Koran 2.225) 9.18.3 Offensive to swear by other than Allah An oath is only validly effected if sworn by a name of Allah, the Most High, or an attribute of His entity (That). It is offensive to swear an oath by other than Allah if one intends a statement in earnest, though it is unlawful to do so if one intends reverence to the thing sworn by. 9.18.4 Names of Allah that effect oaths There are some Names of Allah, the Most High that are applied to no one but Him, such as Allah, the Most Merciful, the All-vigilant, and Knower of the Unseen. An oath sworn by any of these is valid without restriction. 9.18.5 Other Names of Allah may be conditionally applied to other than Him, such as Lord (Rabb). Rabb bayt meaning, for example, home owner, the Most Merciful (al-Raheem). Raheem al-qalb meaning softhearted, or the Omnipotent (al-Qadir) Qadir 'alayhi meaning capable of it; the second term of each of these examples indicating that Allah is not meant. An oath sworn by such names is validly effected, unless the swearer specifically intends something else. 9.18.6 Expressions that require the intention Other Names of Allah such as the Living (al-Hayy), the Existent (al-Mawjud), or the Seeing (al-Basir) can apply to both Him and His creatures. An oath sworn by such names is not validly effected unless the swearer specifically intends it as an oath. 9.18.7 An oath sworn by the attributes of Allah that are inapplicable to creatures, such as the Glory of Allah, His Exaltedness, His Eternity, or the Koran, is validly effected without restriction. 9.18.8 An oath sworn by Divine attributes that are sometimes used to allude to creatures, such as the Knowledge of Allah, His Power, of His Right, is validly effected unless the swearer intends something else by them. For example, such as meaning by knowledge the things known, by power the things under its sway, or by right acts of worship that are His right, in which cases an oath has not been validly effected. 9.18.9 An oath is validly effected when a person says, "I swear by Allah that...," or "I've sworn by Allah that...," unless the person just intends to inform. 9.18.10 Unless one particularly intends it as an oath, an oath is not validly effected when the following expressions are used, "I will not do such and such, by the life of Allah," or "I resolve by Allah," or "by the Covenant of Allah," "His Guarantee," "His Trust," "His Sufficiency," or "I ask you by Allah," or "I swear by Allah that you must do such and such." *Chapter 9.19.0: EXAMPLES OF BREAKING AND NOT BREAKING OATHS 9.19.1 If one swears, "I will not eat this wheat," but then makes in into flour or bread and eats it, one has not broken one's oath. If one swears, "I will not drink from this river," but then drinks its water from a jug, one has broken one's oath. If one swears, "I will not eat meat," but then eats fat, kidneys, tripe, liver, heart, spleen, fish, or locusts, one has not broken one's oath. 0-19.2 (was not translated) 9.19.3 If one swears, "I will not enter the house," but then does so absentmindedly, in ignorance of its being the house, or under compulsion, or by being carried in, then one's oath is not broken and it is still in effect. 0-19.4 (was not translated) 9.19.5 Adding If Allah wills'' (Insha'Allah) When a person swearing an oath about something in the future, affirming or denying that it will occur and it includes the expression in sha' Allah ("if Allah will") before finishing the oath, then the oath is not broken in any event if he thereby intends to provide for exceptions. However, if he said it out of habit, not intending to make an exception to his oath, or if he says it after having finished swearing the oath, then the exception is not valid. This is because when an oath has been completed, its effect is established and not eradicable by a statement of exception. *Chapter 9.20.0: THE EXPIATION FOR A BROKEN OATH 9.20.1 An expiation is obligatory for someone who swears and breaks an oath. If the swearer is entitled to expiate by the expenditure of property (9.20.2(1-3) ), it is permissible for him to do so before or after breaking the oath. But if it consists of fasting, then he may only do so after breaking the oath. 9.20.2 Expiation for a broken oath The expiation consists of any one of the following: 1. to free a sound Muslim slave; 2. to feed ten people who are poor or short of money (13.8.8-11) each with 0.51 liters of grain. The condition is not restricted to grain, it can be fulfilled with the type of food payable for the obligatory charity (zakat) of 'Eid al-Fitr (13.7.6). The Hanafi school of jurisprudence permits giving its value in money: 3. or to provide clothing of any kind for ten such persons, even if it consists of a wraparound or clothing previously washed, though not worn out clothing. If one is unable to do any of the above, one must fast for three days. It is better to fast them consecutively, though permissible to do so non-consecutively. 9.20.4 Someone eligible to receive the obligatory charity (zakat) funds or expiations because of being poor (13.8.8) or short of money (def:13.811) may expiate broken oaths by fasting. *Chapter 9.21.0: JUDGESHIP 9.21.1 Communal obligation 9.21.1 To undertake the Islamic judgeship is a Communal obligation (8.3.2) for those capable of performing it in a particular area. If only one competent person exists who can perform it, then it is personally obligatory for him to do so. If he refuses, he is compelled to accept although the obligation only rests upon his acceptance of the judgeship when it is in his own home area and not when it is elsewhere because this would cause him hardship. Such an individual person may not take a salary for his service because for him it has become personally obligatory, and it is not permissible to take a wage for something that is personally obligatory, as opposed to something that is a Communal obligation for which the acceptance of a wage is permissible. However, if he is needy the Islamic treasury gives him enough to cover his expenses and those of his dependents, without wastefulness or penury. But if he agrees to judge without being paid hoping for a reward from Allah, it is better for him. 9.21.2 It is permissible to have two or more judges in the same town. 9.21.3 Judges appointed by the Caliph It is not valid for anyone other than the caliph (9.25) or his representative to appoint someone as judge. 9.21.4 Two parties selecting a third to arbitrate It is permissible for two parties to select a third party to judge between them if he is competent for the judgeship (9.22.1) providing the case does not concern penalties prescribed by Allah, and they may select such a person even when a judge exists. It is obligatory for them to accept his decision on their case, though if either litigant withdraws his nomination before the third party gives his judgement, the latter may not judge. *Chapter 9.22.0: JUDGE AND THE COURT 9.22.1 Qualifications for being a judge The necessary qualifications for being an Islamic judge (qadi) are: (a) to be a free male; (b) to have full capacity for moral answerability (taklif, def: 8.8.1); (c) to be upright (9.24.4) : (d) to possess knowledge of the rulings of Sacred Law. This means through personal legal reasoning (ijtihad) from primary texts, and not just by following a particular qualified scholar (taqlid) i.e. if he follows qualified scholarship, he must know and agree with how the rulings are derived, not just report them. Being qualified to perform legal reasoning (ijtihad) requires knowledge of the rules and principles of the Koran, the Prophetic practice which means in this context, the Prophetic quotations (Ahadiths), not the Prophetic practice as opposed to the obligatory, together with the knowledge of scholarly consensus (ijma', def: 7.7) , and analogy (III below), as well as knowing the types of each of these. The knowledge of each "type" below implies familiarity with subtypes and kinds, but the commentator has deemed the mention of the category as a whole sufficient to give readers a general idea. (I) The types of Koranic rules include, for example: 1. those ('amm) of general applicability to different types of legal rulings; 2. those (khass) applicable to only one particular ruling or type or type or ruling; 3. those (mujmal) which require details and explanation in order to be properly understood; 4. those (mubayyan) which are plain without added details; 5. those (mutlaq) applicable without restriction; 6. those (muqayyad) which have restrictions; 7. those (nass) which unequivocally decide a particular legal question; 8. those (zahir) with a probable legal signification, but which may also bear an alternative interpretation; 9. those (nasikh) which supersede previously revealed Koranic verses; 10. and those (mansukh) which are superseded by later verses. (II) The types of Prophetic practice (i.e. Prophetic quotations (Ahadiths)) include: 1. Prophetic quotations (Ahadiths) (mutawatir) related by whole groups of individuals from whole groups, in multiple linked channels of transmission leading back to the Prophet himself - may Allah venerate him and give him peace - such that the sheer number of separate channels at each stage of transmission is too many for it to be possible for all to have conspired to fabricate the Prophetic quotation (Ahadith) and thereby is obligatory to believe in, and the denial of which is disbelief (kufr) ); 2. Prophetic quotations (Ahadiths) (ahad) related by fewer than the above-mentioned group at one or more stages of the transmission, though traced though linked successive narrators back to the Prophet - may Allah venerate him and give him peace. If a Prophetic quotation (Ahadith) is transmitted through just one individual at any point in the history of its transmission, the Prophetic quotation (Ahadith) is termed singular (gharib). If it is transmitted through just two people at any stage of its transmission, it is termed rare ('aziz). If its channels of transmission come through only three people at any point of its history, it is termed well-known (mashhur). These designations do not directly influence the authenticity rating of the Prophetic quotation (Ahadith), since a singular Prophetic quotations (Ahadith), for example, might be rigorously authenticated (sahih), or well authenticated (hasan) and Prophetic quotations (Ahadiths) of both types are obligatory for a Muslim to believe in. However, if someone who denies them is he is considered corrupt (fasiq), but not an unbeliever (kafir). The Prophetic quotations that are not well authenticated (da'if), depend on the reliability ratings of the narrators and other factors weighed and judged by Prophetic quotation (Ahadith) specialists; 3. and other kinds. Yusuf Ardabili mentions the following in his list of qualifications for performing legal reasoning (ijtihad): 4. Prophetic quotations (Ahadiths) termed mursal transmitted from one of those (tabi'i) who had personally met, not only met, but actually studied under one or more of the prophetic companions (Sahaba) but not the Prophet himself - may Allah venerate him and give him peace. This classification of Prophetic quotation (Ahadith) is reported in the form, "The Prophet said (or did) such and such," without mentioning the name of the companion who related it directly from the Prophet may Allah venerate him and give him peace ; 5. Prophetic quotations (Ahadiths) termed musnad which are those related though a linked series of transmitters directly to the Prophet - may Allah venerate him and give him peace ; 6. Prophetic quotations (Ahadiths) termed muttasil related though a linked series of transmitters either from the Prophet - may Allah venerate him and give him peace - such a Prophetic quotation (Ahadith) being termed ascribed (marfu'), or else only from one of the companions, such a Prophetic quotations (Ahadith) being termed arrested (mawquf) ); 7. Prophetic quotations (Ahadiths) termed munqata' which are those related through a chain of transmitters of whom one is unknown, however, if two or more are unknown, it is not considered unlinked (munqata'), but rather problematic (mu'dal); 8. the positive and negative personal factors (jarh wa ta'dil) determining the reliability ratings of the individual narrators of a Prophetic quotations (Ahadiths) channel of transmission: 9. the position held by the most learned of the companions (Sahaba) on legal questions, and those of the scholars who came after them; 10. and on which of these positions there is scholarly consensus (7.7), and which are differed upon (Kitab al-anwar lia'mal al-abrar fi fiqh al-Imam al-Shafi'i (yll), 2.391). The English explanatory notes and remarks on the meanings of the above Prophetic quotations (Ahadiths) terminology are from notes taken by the translator at a lesson with Prophetic quotations (Ahadith) specialist Shaykh Shu'ayb Arna'ut. (III) Types of analogical reasoning (qiyas) include: 1. making an a competitive analogy between acts p and q, where if p takes a ruling, q is even likelier to take the same ruling. For example, because saying "Fie on you (Koran 17 23) to one's parents is unlawful, one may analogically infer that beating them must also be unlawful; 2. making an analogy between acts p and q, where if p takes a ruling, one may infer that q is equally likely to take the same ruling. For example, because it is unlawful to wrongfully consume an orphan's property, then it must also be unlawful to destroy his property by its burning; 3. and making an analogy between acts p and q, where if p takes a ruling, one may infer that it is likely, though less certain, that q takes the same ruling on account of a common feature in the two acts which functions as the basis ('illa) for the analogy. For example, because usurious gain (riba) is unlawful in selling wheat (dis: 16.3.1), then it is also unlawful in selling apples in the same way, the basis for the analogy being that both are food. The meaning of knowledge of the above matters is for a judge to know part of what is connected with the Koran, Prophetic practice of the Prophetic quotations (Ahadiths), and analogy. It does not mean having the complete knowledge of the Book of Allah, total familiarity with the rules of the Prophetic practice, or comprehensive mastery of the rules of analogical reasoning. It means that which is pertinent to giving judgements in court, although an absolute expert in Islamic legal reasoning (mujtahid mutlaq) such as Abu Hanifa, Malik; Shafi'i, or Ahmad, is obligated to know what relates to every subject matter in Sacred Law. He must know the reliability ratings of Prophetic quotation (Ahadith) narrators in strength and weakness. When two primary texts seem to contend, he gives precedence to: 1. those of particular applicability (Khass) over those of general applicability ('amm); 2. those that take restrictions (muqayyad) over those that do not (mutlaq); 3. those which unequivocally settle a particular question (nass) over those of probabilistic legal significance (zahir); 4. those which are literal (muhkam) over those which are figurative (mutashabih); 5. and those which supersede previous rulings, those with a linked channel of transmission, and those with a well-authenticated channel of transmission, over their respective opposites. He must likewise know the positions of the scholars of Sacred Law regarding their consensus and differences and not contradict their consensus with his own reasoning because that would be unlawful (dis: 7.7.2). If no one possesses the above-mentioned qualifications, and a strong ruler appoints an unfit Muslim to the bench, such as someone who is immoral, or who is incapable of independent legal reasoning (ijtihad) and just follows other qualified scholars (taqlid), or a child, or a woman, then the appointee's decisions are implemented because of necessity, so as not to halt the people's concerns and interests - and this is what exists nowadays, when the conditions for an Islamic judge are seldom met; (e) sound hearing; (f) sound eyesight; (g) and the faculty of speech. The author did not mention the necessary condition of being a Muslim, evidently feeling that uprightness mentioned in (c) above was a sufficient implication. 9.22.2 It is recommended that the judge is stern without harshness, and flexible without weakness, so the litigants do not despise or disdain him for otherwise, people entitled to rights would not be able to obtain them. 9.22.3 Judge's assistant etc. If the judge needs to appoint another person to handle a part of his caseload because it is too heavy for him, then be may assign someone to deal with the extra cases if the person is qualified to be a judge. If there is no need for the judge to appoint another qualified person, he may not appoint such a person without special permission from the regional ruler. If the judge needs a court secretary, it must be a Muslim male who is free, upright (9.24.4), sane, and learned. This mean he must be familiar with writing up plaintiffs' cases, recording what is done in each case and the judge's decisions, and must be able to distinguish between writing it correctly and incorrectly. The above four conditions are obligatory. 9.22.5 If there is no crowd, the judge should not have a doorkeeper, though if he needs one, the doorkeeper must be sane, reliable, and unbribable. 9.22.6 Various rules for judges When not in the area of his jurisdiction, the judge may not give legal decisions, appoint others, hear evidence, or claims. 9.22.7 The judge may not accept gifts except from someone who customarily gave him gifts before he became judge, who is not a plaintiff, and whose gifts are not more lavish than those given before his appointment. The same is true for entertaining the judge as a guest, as well as lending articles to him which are of rental value, such as lending him lodgings. It is better for a judge not to accept any gifts. Whenever gifts are not lawful to accept, he does not legally own them and must return them. 9.22.8 Judge may not decide cases involving his son etc A judge may not decide cases involving his son, his sons son and down, or his father, paternal grandfather and on up, or cases involving his partner in a shared enterprise. 9.22.9 A judge may not decide cases when angry etc. A judge should not decide cases when angry, hungry, thirsty, overwrought, exultant, ill, tired, flatulent, annoyed, or when the weather is irritatingly hot or cold. This is because it is offensive for a judge to decide a case in any state that affects his temperament for the worse, although if he does, his decision is implemented. 9.22.10 The judge should not sit in a mosque to decide cases lest voices are raised therein, and because he might need to bring in the insane, children, a menstruating woman, or non-Muslims; for which reasons sitting in a mosque to decide cases is offensive. However, if his sitting in the mosque in prayer, spiritual retreat (i'tikaf), or awaiting a group prayer happens to coincide with the coming of two litigants, then he may judge between them without it being offensive. 9. 22.11 The judge should have the demeanor of tranquility and gravity because it creates greater respect for him and makes it likelier that he will be obeyed. He should have witnesses present and scholars of jurisprudence to consult with on points of difficulty. If a case is not clear, he should postpone giving a decision on it. He may not imitate another's decision on a case but must be capable of expert legal reasoning (ijtihad) himself. 9.22.12 Takes cases first-come-first-served The judge handles the cases on a first-come-first served basis, one case in turn. If two arrive at the same time, they draw lots to see whose case will be heard first. It is obligatory for the judge to treat two litigants impartially, seating both in places of equal honor, attending to each, and so forth, unless one is a non-Muslim, in which case he gives the Muslim a better seat. He may not treat either litigant rudely, nor prompt one as to how to state his case. 9.22.13 The judge may intercede with one of them on behalf of the other, meaning to ask the two parties to settle their differences, which is meant by "intercede. It does not take place until after the truth has been established, which prevents him from his unfairly inclining to either one, and he may also pay one litigant what the other owes him. 9.22.14 When assigned to a new jurisdiction, the judge first looks into the cases of the imprisoned, then orphans, and then of lost and found items. *Chapter 9.23.0: COURT CLAIMS 9.23.1 When plaintiff does not tell the truth If a plaintiff makes a claim that is not true, the judge considers it as if he had not heard it and need not ask the defendant about it. When a claim is true, the judge asks the defendant, "What do you say?" If the defendant admits the claim is true, the judge does not give a decision on the case as there is no need unless the plaintiff asks him to do so. However, if the defendant denies the claim, then if the plaintiff has no proof, the defendant's word is accepted if he swears an oath to that effect - this is when the claim does not involve blood i.e. retaliation (9.3) or compensation (04). If it does, then if there is obscurity in the matter, the plaintiff's word is accepted provided fifty separate oaths are sworn by and distributed over all those entitled to take retaliation. The judge does not have the defendant swear an oath unless the plaintiff requests it. If the defendant refuses to swear, then the judge has the plaintiff swear that his claim is true, and after he has done so he is entitled to what he has claimed from the defendant. However, if the plaintiff also refuses to swear, the judge, dismisses both of them. If the defendant remains silent and does not respond to the claim against him then the judge should say, "Would that your would answer, because unless you do, I will give the plaintiff the opportunity to swear an oath." If the defendant does not, then the plaintiff may swear an oath, and if he does, he is entitled to his claim. 9.23.2 When the judge knows the truth If the judge knows the truth of the claim against the defendant, and it concerns one of the prescribed penalties of Allah, the Most High. For example, fornication, theft, rebellion, or drinking intoxicants, then he may not sentence the defendant, on that basis alone, meaning on the basis of his knowledge of one of the above crimes. It is related of Abu Bakr Siddiq - may Allah be pleased with him - that he said, "Where I to see someone who deserved a prescribed legal penalty, I would not punish him unless two witnesses attested to his deserving it in front of me." When the judge knows the truth about something other than prescribed legal penalties, he must judge accordingly and the necessary condition for which is that he plainly states that he knows, such as by saying, "I know what he claims against you to be true, and have judged you according to my knowledge". 9.23.3 When the judge does not know the language of the litigants, then he refers to upright (9.24.4) persons familiar with it, provided they are a number i.e. two or more, sufficient to substantiate the claim (9.24.7-10). 9.23.4 If a judge gives a decision on a case but then learns of an unequivocal text relating to it from the Koran or (mutawatir) Prophetic quotations (Ahadiths) (9.22.1 (d(II) ) , a consensus of scholars, or a primary analogy (9.22.1(dIII) ) ), that contradicts his decision, then he reverses it. 9.23.5 Who may litigate A court claim is not valid except from a plaintiff possessing full right to deal with his own property. 9.23.6 What may be litigated over It is not valid to litigate over something that is not determinately known (16.2.1 (e) ), though some exceptions to this exist, such as claiming a bequest. If the plaintiff is claiming a financial obligation (dayn), he must mention its type, amount, and description. If he is claiming some particular article ('ayn) such as a house, he must identify it. If he is unable to do so as when the article is portable, and out of town, then he must describe it with a description that would be valid for buying in advance (16.9.2(d,g) ). 9.23.7 If a defendant denies a claim against him and the plaintiff has no proof then his denial is accepted provided he swears on oath, as also when he says, "I owe him nothing." 9.23.8 When the article is in one litigant's possession If the claim is for a particular article that is currently in the possession of one of the litigants, then the word of the person who has it is accepted when he swears an oath that it is his. If the article is in the possession of both litigants and there is no proof as to whose it is, or when it is in the possession of neither, such as when a third party has it, then each swears an oath that it does not belong to the other and half the article is given to each of them. 9.23.9 Unacknowledged debts collected without permission When another person owes one something, but denies it, then one may take it from his property without his permission no matter whether one has proof of it or not. However, if the person acknowledges that he owes it to one, one may not simply take it from him because a debtor may pay back a debt from whatever part of his property he wishes. *Chapter 9.24.0: WITNESSING AND TESTIFYING 9.24.1 Communal obligation It is a Communal obligation (e-3.2) to both witness legal events and to testify to have witnessed them. If there is only one person to do so, then it is personally obligatory upon him, in which case he may not accept payment for it, though if it is not personally obligatory, he may accept a fee. 9.24.2 Conditions for being a witness Legal testimony is only acceptable from a witness who: (a) is free; (b) is fully legally responsible (mukallaf, def: 8.8.1) this is because a testimony is not accepted from a child or insane person, even when the child's testimony regards injuries among children that occurred at play; (c) is able to speak; (d) it mentally awake; (e) is religious, meaning upright (9.24.4), and Muslim. Allah, the Most High says, "Call two honest men among you to witness (Koran 65.2), because disbelief is the vilest form of corruption, as goes without saying; (f) and who is outwardly respectable. Respectable meaning to have the positive traits which one's peers possess in one's particular time and place. Shaykh al-Islam Zakariyya Ansari says, "Respectability is refraining from conduct that is unseemly according to standards commonly acknowledged among those who observe the precepts and rules of the Sacred Law." Respectability is according to standards commonly acknowledged (14.4.5) because there are no absolute standards for it, rather, it varies with different persons, conditions, and places. Such things as eating and drinking in the marketplace or a man wearing nothing on his head may invalidate it, although the latter is of no consequence in our times, as may a religious scholar's wearing a robe or cap in places where it is not customary for him to do so. The testimony of an absentminded person, meaning, someone who often makes mistakes and forgets, is not acceptable because he is unreliable. 9.24.3 Those whose testimony is unacceptable Nor is testimony acceptable from someone who: 1. has committed a major sin, meaning something severely threatened against in an unequivocal text from the Koran or Prophetic quotations (Ahadiths) (dis: book p) although if someone who commits such an act then repents (10.77) and is felt to be sincere in this, he regains his legal uprightness and his testimony is accepted, provided he is tested after his repentance long enough to believe in its genuineness; 2. persists in a lesser sin because it then becomes a major sin, as opposed to when one does not persist therein. A lesser sin in one that has not been severely threatened against in an unequivocal text; 3. or is without respectability, meaning a legally corrupt or immoral person (fasiq) is someone guilty of (1) or (2) above.) 9.24.4 Meaning of an upright person (`adal) Normal uprightness ('adala) for purpose other than giving testimony in court means that one avoids (1) and (2) above, while (3) concerns court testimony alone. Uprightness for testimony in court means a person is none of the above 9.24.5 The testimony of a blind person is accepted about events witnessed before he became blind, though not events witnessed after, unless they are public events that are discussed among people, or when someone says something the blind person hears such as a pronouncement of divorce, and he takes the speaker by the hand and conducts him to the judge and testifies as to what he has said. 9.24.6 Others whose testimony is unacceptable The testimony of any of the following is unacceptable: 1. a person testifying for his son or his son's son, and on down, or his father or his paternal grandfather and on up; 2. a person who stands to benefit by his own testimony; 3. a person who stands to avoid loss to himself though his testimony; 4. a person testifying about his enemy; 5. or a person testifying about his own act. 9.24.7 How many witnesses are needed in court cases The testimony of the following is legally acceptable when it concerns cases involving property, or transactions dealing with property, such as sales: 1. two men; 2. two women and a man; 3. or a male witness together with the oath of the plaintiff. 9.24.8 Marriage or legal penalties If testimony does not concern property, such as a marriage or prescribed legal penalties, then only two male witnesses may testify. However, in the Hanafi school two women and a man may testify for marriage. 9.24.9 Fornication or sodomy If testimony concerns fornication or sodomy, then it requires four male witnesses who, in the case of fornication, testify that they have seen the offender insert the head of his penis into her vagina. 9.24.10 Things usually only seen by women If testimony concerns things that men do not typically see but women do, such as childbirth, then it is sufficient to have two male witnesses, a man and two women, or four women. *Translator's additions *Chapter 9.25.0: THE CALIPHATE This section has been added here by the translator because the caliphate is both Obligatory in itself and the necessary precondition for hundreds of rulings (books k through o) established by Allah, the Most High, to govern and guide Islamic community life. What follows has been edited from al-Ahkam al-sultaniyya wa al-wilayat ad-diniyya by Imam Abul Hasan Mawardi, together with three principal commentaries on Imam Nawawi's Minhaj al-talibin, namely Ibn Hajar Haytami, Muhammad Shirbini Khatib, and 'Abd al-Hamid Sharwani. 9.25.1 The obligatory character of the caliphate Mawardi says, that the reason the office of supreme leadership has been established in the Sacred Law is to fulfill the caliphal successorship to the prophethood in preserving the religion and managing worldly affairs. The investiture of someone from the Islamic Nation (Umma) able to fulfill the duties of the caliphate is obligatory by scholarly consensus (7.7), though scholars differ as to whether its obligatory character is established through reason or through Revealed Law. Some say that it is obligatory by human reason, because of the agreement of rational individuals to have a leader to prevent them from wronging one another and to come between them when conflict and arguments arise. Without authorities, there would be a chaos of neglected people and a disorderly mob. Others hold that it is obligatory not through reason, but rather through Sacred Law, for the caliph performs functions that human reason might not otherwise deem ethically imperative, and which are not entailed by reason alone, because reasons are not entailed by reason alone. This is because reason just requires that rational beings refrain from reciprocal oppression and strife, such that each individual conform with the demands of fairness in behaving towards others with justice and social cohesion, each evaluating their course with their own mind, not anyone else's. On the other hand the Sacred Law stipulates that human concerns be consigned to the person religiously responsible for them. Allah, the Mighty and Majestic says: "Believers, obey Allah and obey the Messenger and those in authority among you. (Koran 4.59). thereby placing an obligation upon us to obey those in command, namely the leader with authority over us. Abu Hurayra relates that the Prophet - may Allah venerate him and give him peace said: Authority among the Children of Israel was exercised by prophets. When a prophet died, he was succeeded by another prophet. I will not be succeeded by a prophet, but there will be caliphs after me, a large number of them. He as asked, O Messenger of Allah, then what do you command us? He said, Be loyal to them according to your allegiance in succession, and render to them that which is due to them, and ask Allah for that which is due to you. Allah will take them to account in respect of that which is committed to them. (al-Ahkam al-sultaniyya wa al-wilayat al-diniyya (y-87), (5-6) 9.25.2 Communal obligation The caliphate is a Communal obligation (8.3.2) just as the judgeship is: because the Islamic community needs a ruler to uphold the religion, defend the Prophetic practice, succor the oppressed from oppressors, fulfill rights, and restore them to whom they belong. 9.25.3 Qualifications of a caliph Grand Shaykh Imam Nawawi said that among the qualifications of the caliph are that he be: Muslim, so that he may see to the best interests of Islam and the Muslims: it being invalid to appoint a non-Muslim. It being invalid to appoint a non-Muslim (kafir) to authority, even to rule non-Muslims. Qadi 'lyad states that there is scholarly consensus (7.7) that it is not legally valid to invest a non-Muslim as caliph, and that if a caliph becomes a non-Muslim (dis: 08.7) he is not longer caliph, as also when he does not maintain the prescribed prayers. This means to both perform them himself and order Muslim to do the same, and summon the people to them, and likewise, according to the majority of scholars if he makes reprehensible innovations (bid'a, def: w-29.3) by imposing an innovation on people that is offensive or unlawful. If the caliph becomes a non-Muslim, alters the Sacred Law. Such alterations are of two types, one of which consists of his changing the Law by legislating something, which contravenes it while believing in the validity of the provisions of the Sacred Law. This type of injustice does not permit rebellion against him. The second type consists of imposing rules that contravene the provisions of the religion while believing in the validity of the rules he has imposed, this being disbelief (kufr) or imposes reprehensible innovations while in office, in such case he loses his authority and need no longer be obeyed. It is then that it becomes obligatory for Muslims to rise against him if possible, remove him from office, and install an upright leader in his place. If only some are able, they are obligated to rise up and remove the unbeliever, unless they realize they are unable to do so, however is obligatory on any group who can remove him to do so. Through it is not obligatory to try to remove a leader who imposes reprehensible innovations unless they believe it possible. If they are certain that they are unable to remove an innovator, there is no obligation to rise against him. Rather, a Muslim in such a case should emigrate from his country, if he can find one better, fleeing with his religion. If he is prevented in his home country from worshiping, then his emigration becomes obligatory. (b) possessed of legal responsibility (8.8.1): so as to command the people, it being invalid for a child or insane-person to lead : (c) free: so that others may consider him competent and worthy or respect: (d) male: to be able to devote himself full-time to the task, and to mix with men, the leadership of a woman being invalid because of the rigorously authenticated (sahih) Prophetic quotations (Ahadith). "A people that leave its leadership to a woman will never succeed." : (e) of the Koraysh tribe: because of the well-authenticated (hasan) Prophetic quotation (Ahadith) related by Nasa'i: "The imams are of the Koraysh." Which is a Prophetic quotation (Ahadith) aThered to by the companions of the Prophet - may Allah venerate him and give him peace - and those after them. This qualification is obligatory when there is a member of Koraysh available who meets the other conditions. However, when there is not, then the next most eligible is a qualified member of the Kinana tribe, then of the Arabs, then of the non-Arabs; (f) capable of expert legal reasoning (ijtihad) as a judge must be (9.22). 1(d) and with even greater need: so as to know the rulings of the Sacred Law, teach people, and not need to seek the legal opinion of others concerning unprecedented events, scholarly consensus (7.7) having been related concerning this condition, which is not contradicted by the statement of the Qadi 'Iyad. The Qadi said, An ignorant upright person is fitter than a knowledgeable corrupt one," since the former would be able to refer matters requiring expert legal reasoning to qualified scholars, and moreover the remark applies to when the available leaders are not capable of legal reasoning: while possessing the other qualifications for leadership; (g) courageous: meaning undaunted by danger, that he may stand alone, direct troops, and vanquish foes; (h) possessed of discernment: in order to lead followers and see to their best interests, religious or this-worldly discernment, meaning at minimum to know the various capacities of people, sound hearing and eyesight, and the faculty of speech so as to decisively arbitrate matters; (i) and be upright (9.24.4) as a judge must be, and with even greater need. But it is valid, if forced to, to resort to the leadership of a corrupt person, which is why ibn 'Abd al-Salam says, "If there are no upright leaders or rulers available, then the least corrupt is given precedence". 9.25.4 Three ways a caliph may be invested with office The caliphate may legally be effected through three means, the first of which is: 1. by an oath of fealty like the one sworn by the prophetic companions to Abu Bakr may Allah be well pleased with them - which, according to the soundest position, is legally binding if it is the oath of those with discretionary power to enact or dissolve a pact (ahl al-hall wa al-'aqd) of the scholars, leaders, and notables able to attend. This is because the matter is accomplished through them, and all the people follow them. It is not a condition that all those with discretionary power to enact or dissolve a pact be present from every remote region, or that there be a particular number present, as the author's words seem to imply. Rather it is if discretionary power to enact or dissolve a pact exists in a single individual who is obeyed, his oath of fealty is sufficient. As for an oath of fealty from common people without discretionary power to enact or dissolve a pact, it is of no consequence. Those pledging fealty must possess the qualifications necessary to be a witness such as uprightness and so forth (024.2) ) (Mughni al-muhtaj ila ma'rifa ma'ani alfaz al-Minhaj (y-73), 4.129-31, and Hawashi al-Shaykh 'Abd al-Hamid al-Sharwani wa al-Shaykh Ahmad ibn Qasim al-'Abbadi'ala Tuhfa al-muhtaj bi sharh al-Minhaj (y-2), 9.74-76). Mawardi said that when those with power to enact or dissolve a pact meet to select the caliph, they examine the state of the available qualified candidates, giving precedence to the best of them and most fully qualified, whose leadership the public will readily accept and whose investiture people will not hesitate to recognize. When there is only one person whom the examiners' reasoning leads them to select, they offer him the position. If he accepts, they swear an oath of fealty to him and the supreme leadership is thereby invested in him, the entire Islamic Nation (Umma) being compelled to acknowledge fealty to him and submit in obedience to him. However, if he refuses the caliphal office, not responding to their offer, he is not forced to comply to this is because investiture comes through acceptance and free choice, not compulsion and constraint, whereupon the examiners turn to another qualified candidate (al-Ahkam al-sultaniyya wa al-0-wilayat al-diniyya (y-87), 7-8); 2. Grand Shaykh Imam Nawawi explained that the second means, through which it may be effected is by the caliph appointing a successor. This means someone after him, even if it is his descendant or forefather, because Abu Bakr appointed 'Umar may Allah be well pleased with them - as his successor, and scholarly consensus (7.7) was effected in recognizing its legal validity. This type of investiture consists of the caliph appointing a successor while still alive, to succeed him after death. Although he is actually the caliphs successor during his lifetime, the successor's disposal of affairs is suspended until the death of the caliph. If the caliph appoints a group to select a successor from among themselves, it is as if he had appointed a successor, even though the successor has not yet been identified. This resembles an appointment and it is legally binding and obligatory to accept the outcome of their choice so that upon the death of the caliph one of the group is chosen as his successor. This is because 'Umar appointed a committee of six, namely, 'Ali, 'Uthman, Zubayr, 'Abd al-Rahman ibn 'Awf, Sa'd ibn Abi Waqqas, and Talha, to choose his successor from among themselves upon his death and when he died the committee agreed upon 'Uthman may Allah be well pleased with them; 3. the third means is through seizure of power by an individual who possesses the qualifications of a caliph. Meaning by force, since the interests of the whole might be realized through such a takeover, this being when the caliph is died, or has himself obtained office through seizure of power, i.e. when he lacks some of the necessary qualifications. As for when the office is forcefully taken from a living caliph, then if he himself became caliph through seizure of power, the caliphate of his deposer is legally valid. However, if he became caliph through an oath of fealty (9.25.4(1) ) or having been appointed as the previous caliph's successor (9.25.4(2) ), then the deposer's caliphate is not legally valid. A takeover is also legally valid, according to the soundest position, by someone lacking moral rectitude (dis: 9.25.3(i) ) or knowledge of Sacred Law (9.25.3(f) ): meaning the caliphate of a person lacking either condition is legally valid when the other conditions exist as is the takeover of someone lacking other qualifications, even if he does not possess any of them besides Islam, for if a non-Muslim seizes the caliphate, it is not legally binding, and so too, according to most scholars, with someone who makes reprehensible innovations, as previously mentioned (dis: 9.25.3(a) ). The caliphate of someone who seizes power is considered valid, even though his act of usurpation is disobedience, in view of the danger from the anarchy and strife that would otherwise ensue. 9.25.5 Obligatory character of obedience to the caliph It is obligatory to obey the commands and interdictions of the caliph or his representative (9.25.7-10) in everything that is lawful. This means that it is obligatory to obey him in everything that is not unlawful, offensive, or in his own personal interests, even if he is unjust, because of the Prophetic quotation (Ahadith): then he said, I advise you to fear Allah and to hear and obey even if a slave is put in authority over you. Those of you who out lie me will observe many differences. When such time arrives hold fast to my way of life, and the practice of my rightly guided successors (caliphs). Hold on to it by your back teeth beware or innovations; innovation leads to the wrong path. This is also because the purpose of his authority is Islamic unity, which could not be realized if obeying him were not obligatory. It is also obligatory for him to give sincere counsel to those under him to the extent that it is possible. 9.25.6 Invalidity of a plurality of caliphs It is not permissible for two or more individuals to be invested with the caliphate at one time, even when the are in different regions, or remote from one another. This is because of the disunity of purpose and political dissolution it entails. If two are simultaneously invested as caliph, neither caliphate is valid. If invested serially, the caliphate of the first is legally valid and the second is disciplined (9.17) for committing an unlawful act. Those who are aware of the first caliphs investiture but who swear fealty to the second caliph are also subject to disciplinary action (Mughni al-0-muhtaj ila ma'rifa ma'ani alfaz al-Minhaj (y-73), 4.132, and Hawashi al-Shaykh 'Abd al-Hamid al-'Abbadi 'ala Tuhfa al-muhtaj bisharh al-Minhaj (y-2), 9.77-78). 9.25.7 Delegating authority to those under the caliph Mawardi said that the authority delegated to a minister of state may be of two kinds, full or limited. 1.. Full ministerial authority is when the caliph appoints as minister an individual who is entrusted with independently managing matters through his own judgement and implementing them according to his own personal reasoning (ijtihad). Appointing such an individual is not legally invalid, because Allah, the Most High says, quoting His prophet Moses peace be upon him: "Appoint for me a minister from my family, Aaron my brother. By him confirm my strength and let him share my task. (Koran 20.29-32), and because if delegating authority is valid in respecting of prophethood, it is also valid regarding the caliphate. Another reason is that the direction of the Islamic Nation (Umma), which is the caliph's duty, cannot be fully conducted alone without delegating responsibility. Therefore for him to appoint a minister to participate therein is sounder than attempting to manage everything himself. The minister will help keep him from following his personal caprice and thereby he will be safer from error and mistakes. The conditions necessary for such a minister are the same as those for a caliph, except that of lineage (dis: 9.25.3) e) ). This is because the minister must implement his views and execute his judgements, and must accordingly be capable of expert legal reasoning (ijtihad). He must also possess an additional qualification to those required for the caliphate, namely, by being specially qualified to perform the function to which he is appointed. 2. Limited ministerial authority is a lesser responsibility and has fewer conditions. This is because the role of personal judgment therein is confined to the views of the caliph and their implementation. The minister is as it were, an intermediary between the caliph, his subjects, and their appointed rulers. He delivers orders, performs directives, implements judgements, informs of official appointments, musters armies, and informs the caliph of important events, the minister may deal with them as the caliph orders. He is an assistant in carrying out matters and is not appointed to command them or have authority over them. Such a ministry does not require an appointment but only the caliph's permission. 9.25.8 Regional authorities When the caliph appoints a ruler over a region or city, the ruler's authority may be of two kinds, general or specific. The general may in turn be of two types, authority in view of merit, which is invested voluntarily; and authority in view of seizure of power, invested out of necessity. 9.25.9 Authority in view of merit Authority in view of merit is that which is freely invested by the caliph through his own choice, and entails delegating a given limited function and the use of judgement within a range of familiar alternatives. This investiture consists of the caliph appointing an individual to independently govern a city or region with authority over all its inhabitants and discretion in familiar affairs for all matters of government, including seven functions: 1. raising and deploying armies on the frontiers and fixing their salaries, if the caliph has not already done so; 2. reviewing laws and appointing judges and magistrates; 3. collecting the annual rate (khiraj) from those allowed to remain on land taken by Islamic conquests, gathering the obligatory charity (zakat) from those who are obliged to pay, appointing workers to handle it, and distributing it to eligible recipients; 4. protecting the religion and that which is sacred, preserving the religion from alteration and substitution; 5. enforcing the prescribed legal measures connected with the rights of Allah and men; 6. leading Muslims at group and Friday prayers, whether personally or by representative; 7. facilitating travel to the pilgrimage for both pilgrims from the region itself and those passing through from elsewhere so that they may proceed to the pilgrimage with all necessary help, 8. and if the area has a border adjacent to enemy lands, an eighth duty arises, namely to undertake jihad against enemies, dividing the spoils of battle among combatants, and setting aside a fifth (9.10.3) for deserving recipients. 9.25.10 Authority in view of seizure of power Authority in view of seizure of power, invested out of necessity, is when a leader forcibly takes power in an area over which the caliph subsequently confirms his authority and invests him with its management and rule. Such a leader attains political authority and management by the takeover, while the caliph, by giving him authorization, is enabled to enforce the rules of the religion so that the matter may brought from invalidity to validity and from unlawfulness to legitimacy. If this process is beyond what is normally recognized as true investiture of authority with its conditions and rules, it still preserves the ordinances of the Sacred Law and rules of the religion that may not be left vitiated and compromised (al-Ahkam al-sultaniyya wa al-wilayat al-diniyya (y-87), 25-39). *Chapter 9.26.0: The Conclusion of `GOVERNANCE OF THE TRAVELLELR `UMDAT AL-SALIK 9.26.1 Allah knows best what is correct: And Allah, the Most High and Glorious knows best what is correct, means that He knows best what actually corresponds to the truth, in word and deed, the author thereby denying the claim to know better. There is scholarly disagreement as to whether the truth about the rule of Allah for a particular ruling is really one or multiple. Many scholars hold that all positions of qualified mujtahids on a question are correct but in fact, it is one, the Imam who is right about it, may Allah be well pleased with them all, and he receives two rewards, one for his attempt and one for being correct. On the other hand the one who is not, is mistaken, receiving a reward for his effort and being excused for his mistake. All of which applies to particular rulings of Sacred Law (furu'), as opposed to fundamentals of Islamic faith (usul, def: books u and v), in which the person who is wrong about them is guilty of serious sin, as is anyone who contradicts the tenets of the orthodox Sunni Nation (Ahl al-Prophetic practice wa al-Jama'a) *BOOK 10: MAJOR SINS (Al Kaba'ir, by Imam al Zhahabi) CONTENTS 10.0.0 The author's introduction 10.0.0 Imam Thahabi's criteria for major sins 10.0.2 Importance of knowing the major sins 10.1.0 Ascribing associates to Allah, the Most High (Shirk) 10.2.0 Killing a human being 10.3.0 Sorcery 10.4.0 Not performing the prayer 10.5.0 Not paying the obligatory charity 10.6.0 Disrespect towards one's parents 10.7.0 Accepting usurious gain (Riba) 10.8.0 Wrongfully consumption of an orphan's property 10.9.0 Lying about the Prophet 10.9.1 When it is disbelief and when it is an major sin 10.9.4 Prophetic quotations (Ahadiths) forgeries 10.9.5 Weak (Da'if) Prophetic quotations (Ahadith) 10.10.0 Breaking one's fast during Ramadan 10.11.0 Fleeing from combat in jihad 10.12.0 Fornication 10.12.1 (3) Marrying a fornicatress 10.13.0 Leader who misleads his followers; the tyrant and oppressor 10.14.0 Drinking alcoholic beverages 10.15.0 Arrogance, pride, conceit, vanity, and haughtiness 10.15.3 Wickedest arrogance is that of the learned 10.16.0 Bearing false witness 10.17.0 Sodomy and lesbianism 10.18.0 Charging a woman that could be chaste with adultery 10.19.0 Misappropriating spoils of war, Muslim funds, or obligatory charity 10.20.0 Taking people's property through falsehood 10.20.4 Injustice (Zulm) is of three types 10.21.0 Theft 10.21.3 Thief's repentance entails returning property 10.22.0 Highwaymen who menace the road 10.23.0 Engulfing oath 10.24.0 Inveterate liar 10.25.0 Suicide 10.26.0 Bad judge 10.27.0 Permitting one's wife to fornicate 10.28.0 Masculine women and effeminate men 10.29.0 Marrying solely to return to the previous husband 10.30.0 Consumption of the flesh of an animal found dead, blood, pork and that slaughtered to false gods 10.31.0 Failing to free oneself of all traces of urine 10.32.0 Collecting taxes 10.32.3 Those who accept tax moneys 10.33.0 Showing off in good works 10.34.0 Betrayal 10.35.0 Learning Sacred Knowledge for the sake of worldly gain or for concealment 10.36.0 Reminding recipients of one's charity 10.37.0 Disbelief in destiny (Qadr) 10.38.0 Listening to people's private conversations 10.39.0 Cursing others 10.40.0 Leaving one's leader 10.41.0 Believing in fortune-tellers or astrologers 10.42.0 Rebellious wife 10.42.2 (4) Conditions for permissibility of leaving home 10.43.0 Severing ties of kinship 10.43.0 Meaning of maintaining the bonds of kinship 10.44.0 Making Images 10.45.0 Talebearer who stirs up enmity between people 10.46.0 Loudly lamenting the dead 10.47.0 Attacking another's ancestry 10.48.0 Excesses against others 10.49.0 Armed insurrection and considering Muslims unbelievers 10.50.0 Hurting or reviling Muslims 10.51.0 Harming the friends (Awliya') of Allah, the Most High 10.52.0 Dragging the hem of one's garment out of conceit 10.53.0 Men wearing silk or gold 10.54.0 Slaughtering in other than the Name of Allah 10.55.0 Intentionally changing property-line markers 10.56.0 Degrading the companions of the Prophet (Sahaba) 10.57.0 Degrading the Medinan Helpers (Ansar) 10.58.0 Inaugurating a reprehensible innovation (Bid'a) 10.59.0 Women wearing false hair and the like 10.60.0 Pointing a blade at one's brother 10.61.0 Falsely claiming someone is one's father 10.62.0 Believing that something is bad luck 10.63.0 Drinking from gold or silver vessels 10.64.0 Arguing, picking apart another's words, and quarrelling 10.65.0 Stinting when weighing or measuring out goods 10.6 6.0 Feeling secure from the devising of Allah 10.67.0 Despairing of the mercy of Allah and loss of hope 10.68.0 Ingratitude to someone who does one a kindness 10.69.0 Withholding an excess of water from others 10.70.0 Branding an animal's face 10.71.0 Gambling 10.72.0 Violating the Sacred Precinct (Haram) of Mecca 10.73.0 Foregoing the Friday prayer to pray alone 10.74.0 Spying on the Muslims and revealing their weaknesses 10.75.0 Probable major sins 10.75.1 Envy 10.75.1 (2) Three types of envy 10.75.2 Not loving the Prophet more than all people 10.75.3 Contending with what the Prophet has brought 10.75.4 Submitting to disobedience 10.75.5 Helping another to wrongfully dispute 10.75.6 Underhandedness 10.75.7 Alienating a person's spouse or servant 10.75.8 Vulgarity 10.75.9 Being leaderless 10.75.10 Benefiting at a Muslim's expense 10.75.11 Shunning a Muslim without right 10.75.12 Interceding for the guilty 10.75.13 Saying something that Allah detests 10.75.14 Saying master (Sayyid) to a hypocrite 10.75.15 Breaking a promise 10.75.16 Not trimming one's moustache 10.75.17 Not performing the pilgrimage when able to 10.75.18 Keeping an inheritance from an heir 10.75.19 Talking about how one's wife makes love 10.75.20 Sodomizing one's wife 10.75.21 Intercourse with one's wife during menstruation 10.75.22 Looking into another's house without permission 10.75.23 Excessiveness in religion 10.75.24 Not accepting a sworn statement 10.75.25 Miserliness 10.75.26 Sitting in the center of a circle 10.75.27 Passing in front of someone performing the prayer 10.75.27 (1) Circumstances of permissibility 10.75.28 Not loving one's fellow Muslims 10.76.0 Further reading 10.77.0 Conditions of a valid repentance 10.77.1 Repentance is obligatory 10.77.2 When the wrong is unconnected with another's rights 10.77.3 When connected with another's rights 10.77.3 Property must be restored, etc. *Chapter 10.0.0: 'GOVERNANCE OF THE TRAVELLELR - Author's Introduction 'GOVERNANCE OF THE TRAVELLELR `UMDAT AL-SALIK concerns the major sins alluded to above in the context of court testimony (dis: 024.3), and has been edited from the Kitab al-kaba'ir (Book of Major Sins) of Imam Thahabi. Imam Thahabi defines an enormous sin as any sin entailing either a threat of punishment in the Everlasting life explicitly mentioned by the Koran or Prophetic quotations (Ahadith), a prescribed legal penalty (hadd), or being accursed by Allah or His Messenger - may Allah praiseand venerate him and grant him peace. 10.0.1 In the Name of Allah, the Merciful, the Most Merciful. O Lord, facilitate and help. The Shaykh, Imam, and master of Prophetic quotations (Ahadith) master (hafiz, def: w-48.2 (end) Shams al-Din Muhammad ibn Ahmad ibn 'Uthman Thahabi (may Allah forgive him) said, Praise be to Allah for allowing us to believe in Him, His Books, Messengers Angels, and decrees. May Allah bless our Prophet Muhammad, his family, and those who support him, with a lasting blessing that will grant us the abode of Eternity near to him. This book is useful to gain general and detailed knowledge of the major sins. May Allah, by His Mercy enable us to avoid them. Allah, the Most High says, If you avoid the major sins that are forbidden you, We shall pardon your evil dee