A scholar's reponse to the issue of Khilafah...

Society Religion & Philosophy
41

As well as the above, there are also numerous evidences which obligate the muslims to remove the non-Islamic authority above them and replace it with an Islamic authority, ie the establishment of a state that rules fully by Islam ie the Khilafah
**
Bukhari and Muslim narrated that Abu Bakr (ra) had said in one of his speeches: "And it is not lawful for the muslims to have two rulers. Whatever the reason is, their affair and laws will then differ, and their unity will be broken, and they shall dispute with each other. Then the sunnah will be abolished, and the innovation will appear, and the fitna will be severe". May allah be pleased with him.

Tirmizi narrated on the authority of Tariq Ibn Shihab that he said: The first one who made the khutbah before the salat (on the day of eid) is Marwan (the goveroner). A man stood to him and said: "You opposed the sunnah". He said "O man what was before can be left". Abu Saeed (the companion of the messenger saw) said: "this person had done his duty. I heared the messenger of Allah (saw) saying "The one who sees a Munkar should deny it by his hand. If he can not, then by his tongue. If he can not then by his heart and this is the lowest of Iman". In another vesion of the hadith, the man pulled the goveroner on the ground from his clothes.

Muslim narrated on the authority of Umm Salamah (ra) that the messenger (saw) said " There will be leaders upon you that you will know and deny (their evil). The one who hates (their evil) shall be innocent, and the one who who denies shall be safe (from punishment), but the one who is pleased and follows (them, he will be punished).

'Ubada ibn as-Samit said, "We took an oath on the Messenger of Allah that we would obey him and listen to him in the time of ease or hardship and we would not dispute the authority from those who have the right to it and that we would stand or say the truth wherever we were, not fearing the blame of anybody for the sake of Allah."

Ibn Majjah on the authority of Abu Saeed, Ahmad and Ibn Majjah and Tabarani and Baihaqi on the authority of Abu Umamah, Ahmad and Nisa'i on the authority of the tabie Tariq Ibn Shihab all narrated that the messenger (saw) said : "The best of Jihad is a word of truth in the face of a tyrant ruler".

Ma'qil bin Yasar, may Allah be pleased with him, reported: Verily I have heard Allah's Messenger (may peace be upon him) as saying: Anyone amongst the slaves (of Allah) who was entrusted with the affairs of his subjects and he died in such a state that he was dishonest in his dealings with those over whom he ruled, Paradise would be forbidden for him. [Bukhari complied it the book of Legal Judgements no 6617,6618]
AbdulRazzaq and Imam Ahmad both narrated on the authority of Ibn Masood (ra) that the messenger (saw) said to him: "What will you do O Abu AbdulRahman (Ibn Massood) if you had rulers who abolished the sunnah and delayed the prayer from its time?". Ibn Masoood said: What do you order me o messenger of Allah?. The messenger said: "Ibn Umm Abd (Ibn Masood) is asking me what will he do!!!There is no obedience to the creature by disobeying the creator".

Ahmad, Ibn Majah and Al-Hakim narrated on the authority of Abu Saeed that the messemger (saw) said: "Any one from your goveroners orders you to do a disobedience to Allah, then do not obey him". [Imam Suyooti: Saheeh]

Ahmad narrated on the authority of Anas (ra) that the messenger (saw) said:"There is no obedience to the one who disobeyed Allah" [Imam Suyooti: Hasan]

Al-Bazzar and Tabarani narrated on the authority of Abu Hurayrah that the messenger (saw) said: "You shall enjoin good and you shall forbid munkar, or Allah will empower on you the evil ones, then your best ones will call upon Allah and he shall not respond".

Bukhari and Muslim narrated on the authority of Aisha (ra) that the messenger (saw) said: "O people ! Allah says: Enjoin good and forbid evil before you call me and I will not reply to you, and before you ask me and I will not give you, and before you seek my forgivenss and I will not give victory to you".

Al-Tabarani narrated on the authority of Anas that the messenger (saw) said: "Enjoin the good even if you did not do the good (all the good) and forbid evil even if you did not refrain from all the evil". [Imam Suyooti: hasan]

The Messenger of Allah (saw) said, “By Him in Whose hand is my soul, you must order what is right and forbid what is evil, otherwise Allah will be about to send His punishment upon you. And then if you pray to Him (to ask Him), He would not answer you.”

Al-Harth narrated on the authority of Ibn Masood that the messenger (saw) said: "For every matter, there is a thing that spoils it, and what spoils this deen is the evil rulers".[Imam Suyooti : Saheeh]

Al-Bazzar narrated on the authority of Muadh(ra), that the messenger (saw) said: "the most evil ones in my ummah are the evil scholars among the people".[Imam Suyooti: Hasan]

Imam Ahmad, Tabarani, Al-Hakim and Al-Baihaqi narrated on the authority of Abdullah Ibn Amr that the messenger (saw) said "If you see my Ummah afraid of telling the oppressor: You are oppressor, it is farewell to the ummah". [Imam Suyooti : Saheeh]

On the authority of Ibn Masood (ra), he said "one of the greatest sins is that the man says to his brother "fear Allah", so he says "be concerned about yourself, are you ordering me". [Narrated by Tabarani, and its men are Saheeh]

On the authority of Ibn Masood (ra), he said "it is enough sin for the person that if it is said to him: fear allah, he becomes angry".[Narrated by Tabarani, and the men in the chain are Saheeh].

Ibn Majjah narrated on the authority of Abu Saeed that the messenger (saw) said: "Let not one of you scorn himself". They said : O messenger of Allah, how one of us will scorn himself?. He (saw) said: "He sees a person whom Allah blamed, then he does not say about him what Allah has said about him. Allah (swt) will say to him: What prevented you from saying about this person so and so? He says: the fear from people. Allah says : Come, come to me, I am the one deserved to be feared"

Bukhari and Muslim narrated on the authority of Abu saeed (ra) that the messenger (saw) said: "Let not the fear of people prevent one of you to utter the truth when he sees it (i.e. sees the munkar) or hears it".

Al-Nasaii and Ibn Majah narrated on the authority of Abu Hurayra(ra) that the messenger (saw) said: Hadd (one penality from the Imam) which is implemented on the earth is better for the people of the earth than to be rained for forty morning". [Imam Suyooti: Saheeh]

On the authority of Abu Musa(ra), the messenger of Allah (saw) said: "In the hellfire there is a valley, and in this valley there is a well called "Habahab", it is duty upon Allah to reside in this well every stubborn oppressor (ruler)".[Narated by Tabarani and its Isnad is Hasan]

Al-Hakim narrated on the authority of Ibn Abbas the messenger (saw) said: "The one who helps an oppressor to remove by the falsehood of this oppressor a truth, Allah and his messenger are innocent from him". [Imam Suyooti: Saheeh]

Imam Tabarani narrated on the authority of Anas (ra) that a man asked "will Allah cause the earth to swallow in a land where there are muslims in it?". The messenger (saw) said: "yes, if the people increased their evil too much".[its chain is Saheeh according to Majma' Al-Zawaid written by Al-Hafiz Al-Haithami]

Any leader of a ten men or more, he will be brought in the judgment day chained until either the justice will unchain him or the oppression will chain him". [Narrated by Al-Bazzar, and the men in the chain are Saheeh]

1092 On the authority of Abu Musa (ra), the messenger (saw) said "People of Mu'roof in the donya (those who enjoin good) are people of Muroof in the Akhira, and people of Munkar in the donya are people of the Munkar in the Akhira". [Narrated by Tabarani. Al-Hafiz Al-Haithami said the people in the chain are trustworthy, and there are some words about some of the narrators that do not harm].

On the authority of Abu Musa (ra), the messenger (saw) said:"By whom the soul of Muhammad is in his hand, Mu'roof and Munkar are two creatures that will be stood for people in the day of Judgment: The Mu'roof will promise his people (those who enjoin good) the khair (good), but the Munkar will say : away, away, but its people can not except sticking with it". [Narratd by Ahmad and Al-Bazzar, and the men in the chain are Saheeh].

Ahmad narrated on the authority of Abu Bakrah that the messenger (saw) said: "If the people see the Munkar (evil, wrong doing) and they do not change it, Allah will take them with a punishment".

Bukhari, Muslim, Abu Dawood and Al-Nasii narrated on the authority of Ali (ra) that the messenger (saw) said: "There is no obedience to any one by disobeying Allah; the obedience is only in the Mu'roof".

Al-Hakinm narrated on the authority of Jabir that the messenger (saw) said "The one who pleases the ruler by what causes the anger of Allah, he goes out from the neck of the deen of Allah". [Imam Suyooti: Hasan]

Ahmad and Tabarani narrated on the authority of Udai Ibn Umairah that the messenger (saw) said: "Allah will not punish the majority by the doing of the minority unless the majority are able to change on the minority. If then the majority did not change on the minority, Allah will punish both the majority and the minority".

Al-Zawaid: Al-Tabarani narrated that the messenger of Allah (saw) said "Allah will not punish the majority by the doing of the minority until the minority does a deed in which the majority could deny and they do not deny, then Allah will permit the destruction of the majority and the minority".[trustworthy chain according to Majma]

Al-Dailami narrated on the authority of Abu Hurayrah that the messenger (saw) said: "If you see the scholar is mixing with the ruler too much, then know he is a theif". [Imam Suyooti : Hasan]

Bukhari and Muslim narrated on the authority of Abu Bakr (ra) that the messenger (saw) said :" Any people in which there are sins done among them, they can change the evil and they do not change, Allah will cover them with a punishment from him".

Al-Tabarani and Al-Baihaqi narrated on the authority of Abu Bakrah that the messenger (saw) said: "The sultan (caliph/ruler who applies islam) is the shadow of Allah on earth".[Imam Suyooti: Saheeh].

Tirmizi narrated that Abu Bakr As-siddeeq (ra) said : "O people! You read this ayat (O who you believe ! Take care of your ownselves. If you follow guidnace of Allah, then no hurt will come to you)[Maida, verse 105] And I heared the messenger of Allah (saw) saying:"If people see the oppressor, and they do not take on his hand (prevent him and admonish him)Allah will cover them with a punishment".

Ibn Saad narrated in a chain of truthful men on the authority of Saeed Ibn Al-Musaib that Omar used to say: "the people will stay straight as long as their imams (leaders) and guides stay straight".

"The best of your Imams (leaders) are those whom you love and they love you, who pray for you and you pray for them; and the worst of your Imams are those whom you hate and they hate you and you curse them and they curse you." The Messenger of Allah was asked: "Would we not declare war on them (face them with the swords)?" He said: "No, as long as they establish salat (meaning Islam) among you."
**

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Brother AbdulKareem, JazaKallah khair for your input and you corrections. Insha-Allah in the future I will be careful and amke sure not to ridicule ppl no matter how much they ridicule and backbite me.

Also about the point you mentioned about the hadith by Ibn Umar, on the issue of the bayah being an obligation, you made a good point that I have checked out with the various muhadditheen from the classical age.

Jaza-Kallah Khair, may Allah(swt) bestow upon this Ummah, more people liike you who are open minded.And not caught up with their modernistic ideas and ideas that may even contradict definite text. People who will do Taqleed without checking sincerely all the issues.

Indeed Allah(swt) knows our inner most desires and thoughts so we cannot hide from him anything, sometimes it may be the case that we will adopt opinions because they suit us, but Allah(swt) is well aware with all that we do.He is the All-Knowing.

Brother PartyPooper, I hope you don't take this as offensive to you, rather this is advice from which we will all learn from.

Salam to all Brothers and Sisters.

43

More on the Obligation of the Khilafah:
**
Abu Ya'la (d. 458 AH) a leading Hanbali scholar along with Ibn Taymiyyah, resembled Mawardi(d. 450AH) in his thought about the Khilafah. Abu Ya'la quotes Imam Ahmad ibn Hanbal that the Muslims would be in a state of Fitnah if there was no Khaleef. Page 125, Mahmood A. Ghazi's Book 'Political and Constitutional Thought of Islam'

Qadi Abd al Jabbar (d. 415 AH,1025AD)
He wrote extensively on the subject, some of his works include:

Sharh al-Usul al Khamsah
Al-Mughni fi Abwab al-Tawhid Wa'l Adl

The establishment of the Khilafah according to the Qadi in compulsory upon the Ummah, because many of the obligations of Islam cannot be fulfilled without the Khilafah, stating the well known principle:
Ma la Yatimmu'l Wajib Illa Bihi Fahuwa Wajib [Whatever leads to Wajib is also a Wajib]

He also discusses the concept of Imamah in the context the Quranic principle of Amr bi'l Maruf wa'l Nahy An al-Munkar[Enjoining of the Good and the Forbidding of the Evil]. After extensively quoting from the Qur'an and the Hadith he establishes that the Enjoining of the Good and the Forbidding of the Evil is incumbent(Fard) on the believers. Then he says that individual Muslims cannot meet the full requirements of the principle of Amr bi'l Maruf wa'l Nahy An al-Munkar because it cannot be established without the State.
*
Sharh al-Usul al-Khamsah p.759
Sharh al-Usul al-Khamsah p.749
Sharh al-Usul al-Khamsah p.750
Sharh al-Usul al-Khamsah p.751
*

Abd al Qahir baghdadi
Abu mansur Abd al-Qahir ibn Tahir al-Shafi was among the among the most noted theologians of the late fourth and early fifth century AH.
He taught as many as 17 sciences including Fiqh, Usul al Fiqh, Arithmetic and Fariad.

He criically examines the viewpoint of the Ahl al-Sunnah Wa'l Jamaah on the issue of the Khilafah. According to him it os obligatory upon the Ummah to establish the Khilafah, and also states that this obligation is unversally accepted by all the Muslim scholars. He also criticises Abu Bakr al Assam and Hisham al-Ghuti who are from the Mutazilites.

Al-Farq Bayn al-Firaq, p271

al-Sharastani
Abu'l Fath Muhammad ibn 'Abd al-Karim al-Sharastani(479-458 AH)
According to Sharastani, the establihemnt of the Khilafah is obligatory in all situations. In no case, in no time and no situation can the Muslim Ummah be relieved of the resposibility of establishing the institution of the Khilafah according to the injunctions of Islam.

Al-Milal wa'l Nihal, Vol 1, p.109

Ibn Taymiyyah(d. 728 AH)

Ibn Taymiyyah ideas about the Khilafah can be found in:
*
Minhaj al_sunnah al-Nabawiyyah fi Naqd Kalam al-Shi'ah wa'l Qadariyah
Al-Siyasah al-Shari'yyah
Al-Hisbah fi'l-Islam
*
Ibn Taymiyyah states that the main purpose of the Prophet(saw) was to establish a social order on the basis of a universal, permanent, consistent and all-Prevailing ideology. He states that the establishment of the state is more than necessary. Ibn Taymiyyah holds the opinion that it is one of the greatest obligations of th Din.

'The aim and objective of politics is to seek nearness to Allah. A Muslim adopts politics only to establish the Din which guarantees such a nearness by providing a suitable psychological and spiritual climate in which man achieves a spiritual perfection and, hence, the Divine Nearness. That is why a political activity divorced from the guidance of the Din is a curse for humanity and entails all sorts of evils and immoralities.'

Al Siyasa al-Shariyyah

Ibn Qayyum also held the same opinion as Ibn Taymiyyah:

al-Turuq al_Hukmiyyah Fil Siyasah al-Shariyyah
* I'lam al-Muwaqqin*

Badruddin Ibn Jamaah
Ibn Jamaah is noted as the Shafi jurist of the seventh century AH.
He served as a Qadi in Palestine and a teacher of Fiqh.
In his treatise 'Tahrir al-Ahkam- fi Tadbir ahl al-Islam'
he establishes the obligation of the Khilafah through the Quran.
He starts his work'Tharir al-Ahkam with the verse:

"O David: We did indeed make you a vicegerent on earth: So judge between men with truth and justice and follow not the lusts and desires: for they will mislead you from the path of Allah"

Diya al-Din Barani(683-758AH)
Diya al-Din Barani lived in India. His works mentioning the issue of the Khilafah include:
Tarikh Firoz Shahi
Fatawa-i-Kahandari

He says that 'the very creation of Man on earth is meant only for the worship of Allah(swt). And His true worship is only possible when mankind is guaranteed peaceful and secure conditions of life. To successfully discharge the divine obligations a secure and organised life in order and well-organised that Allah created the Khilafah.'

Abu Ishaq Ibrahim ibn Musa al-Shatibi(d. 790 AH)
One of the greates jurustic minds in the history of Islam.
A Maliki jurist je was one of the most outstanding Faqih of the eighth century AH.
He says tha the Khilafah is an obligation and further states 'in the absense of the khilafah, a state of anarchy and lawlessness would prevail and this would usher in a great corruption and disorder. And it is evudent, that the establishment of the Din is quite impossible in a state of anarchy and disorder.'

Kitab al-Din

Abu Zayd Wali al-Din Abd al_rahman Ibn Khaldun (732-808 AH)

Ibn Khaldun taught in Al-Azhar, was a scholar of the Maliki Jurisprudence and also worked as a judge in Cairo.

He states 'the best kind of state is the Khilfah, which is a system based on the Shariah.This is the only system based on the Shariah. This is the only system which guarantees the fulfilment of all natural and genuine human needs bothe in this world and in the hereafter. It also guarantees full equality between the ruler and the ruled. The Khilfah is the divine method of politics. Initially it is established by the Prophets and Apostles og God and then run by their successors - the Khulufa. This is the system which has been laid down by God the Almighty Himself, and, hence, no ther system can be at par with it.'

Shah Waiy Allah

According to Shah Waliy Allah, it is a colletive obligtaion (Fard Al-Kifaya) upon the Muslims for all times to come to elect and install a Khilafah. To support this Shah Waliy Allah give various arguments:

'the collective reason of mankind requires that a Khilafah should be there to lookafter the iterests which cannot be acheived without a Khilafah.
The Khilafah is appointed for achieving two categories og objective and puuposes. The Holy Prophet(saw) was also sent to achive these two calsses of objectives. Therefore after passing away of the Prophet, a Khilafah is needed to succeed him and to implement his orders and commandmants. That is why the obediance to the imam id equal to the obediance to the Prophet and the disobediance of the Khaleef amount to disobediance of the Prophet:

"Whosoever obeys an Amir, verily he has obeyed me; and whosoever disobeyed the Amir he disobeyed me."[hadith]

"the Imam is a sheild from the back of which the muslims fight and protect themselves. if the Imam commands to fearAllah and guides his will be a big Reward, if he orders other than this he will bear the burden of it."[hadith]

In Izaalat al-Khafa*Shah Waliy Allah quotes another hadith which he says in CLEAR TEXTUAL evidence *(An-Nass in proving that the establishment of the Khilafah is an obligation:
"Whosoever dies without a bayah on his neck dies the death of Jahiliyyah"

'The sahaba also rushed to establish the khilafah immediately, after the death of the prophet(saw) and delayed his burial. Moreover there are matters which cannot be accomplished without the Khilafah: the Jihad, the administration of Justice, the revival of Islamic science, the establishment of the pillars of Islam, the defence of Dar al-Islam and such other things that have been collectively enjoined upon the Muslim Ummah.'
*
Hujjat Allah al-Balighah Vol 1
Hujjat Allah al-Balighah Vol 2
Izalat al-Khafa, Vol 1
Izalat al-Khafa, Vol 2
*
**

[This message has been edited by abdul_kareem (edited November 24, 2000).]

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[quote]
Originally posted by abdul_kareem:
**
Brother Mioz, comments about a specific set of evidences[about unity] and uses them to say that they do not prove that Khilafah is an obligation. This may be true. But it is not these evidences that are used by the scholars on this issue.

These evidences relate to a slightly linked but different topic-which is tha topic of unity of Muslims.
**
[/quote]

Brother jalal, please kindly refer back to what the scholar said. Your friend Musalman attempted to use these evidences as a basis in order to show that establishing Khilafah is fard upon every Muslim. The scholar refuted his claims. I recall that you agreed in what Musalman had stated. If Abdul Kareem does not agree with Musalman and if you agree with Abdul Kareem then it shows that you are not well grounded in your belief that establishing Khilafah is fard.

In any case, even if you are two different people both of you contradict each other.

[quote]
Originally posted by abdul_kareem:
**
Here is a selection of a few:

**Imam Ali(ra) a well known sahabi, the forth caliph, and a very good scholar said in his book Nahj-ul-Balagha(part1 page 91):
"People must have an amir, either just, or a tyrant(not tyrants of today) where the believer works under his Imara(rule) and under which the unbeliever would also benefit, until his rule ended by the end of his life(ajal), the booty would be gathered, the nemey would be fought, th routes would be mae safe, the strong one will return what he took from the weak till the tyrant would be contained, and would not bother anyone."

Al-Imam Al-Mawardi in his book Al-Ahkam AL Sultaniyah, page 9 states : "It is forbidden for the Ummah to have two Imam at the same time".

Al-Imam Al Joziri in his book Al-Fiqh alal-Mathahib Al-Arba'a(the fiqh of the four schools of thought), volume 5 page 16, says:
"The Imams of the four schools of thought-may Allah be pleased with them, agree that the Imama(Khilafah) is an obligation, and that the Muslims appoint an Imam who would implement the deen's rites, and give the opressed justice against the opressors. It is forbidden for Muslims to have two Imams in the world whether in agreement or in discord"
**
Numerous other classical scholars say that establishing/having a Khilafah is an obligation:
[below i qoute the references]
**
Al-Fasil-fil Milal by Ibnu Hazim
Tarikh of Al-Tabari
Al-Akd Al Farid of Al-Waqidi
Al-Sirah of Ibnu Kathir
Al-Sunan Al-Kubra of Bayhaqi
Sirah ibn Hisham
Al Imam Nawaai in his book Mughni Al-Muhtaj, Vol4, page 132
Al-Imam al Qalqashandi in his book Subhul Al-Asha Vol 9 page 277
Al-Imam Ibnu Hazm in his book Al-Muhalla Vol 9, page 360
Al-Imam Al Sharani in his book Al-Mizan Vol 2, p157
Al-Imam Al Qadhi Abdul Jabbar in his book Al-Mughni fi Abwab Al-Tawheed
Al-Iamam Abu Ya'ala in Al-Ahkam Al Al Sultaniyah page 9 and page 25
Al-Fasil fil Milal Vol4 page 62
The book of Matalib Ulil-Amr
The book of Maqalat Al-Islamiyyin Vol 2, Page 134
The book of Al-Moghni Fi Abwab Al-Tawheed.
**
This is just some of the major scholars of Islam. In fact I have never come across any scholar{classical} who has not agreed with the Khilafah not being an obligation. No scholar has ever said that it is not an obligation.
**
[/quote]

Well, well... None of these people explicitly say that to establish the Khilafah is fard upon every Muslim. There are no references to the Qur'an or the sayings of our beloved prophet (saw). Furthermore, how do you know the context of these quotes? Are you qualified to interpret them? Only a Qazi who knows Fiqh is able to comment on these. This is why I always refer to one. If Khilafah is so important then why was it not explicitly stated as such? What's the problem, huh? Are you trying to rationalise your beliefs again? It certainly looks like it.

[quote]
Originally posted by abdul_kareem:
**
Secondly I would ask Brother PartyPooper to properly read the messages of Jalal. Brother PartyPooper you sometimes contradict yourself.

Brother Jalal said that establishing a group to call to the Khair is an obligation, and then brother PartyPooper tries to refute this, but in the extract he quotes, that it is an Fard al-Kifaya
**
[/quote]

Did I just hear you right?

[quote]
Originally posted by abdul_kareem:
**
And about the issue of individuals, groups and state, is concerned, all of them are obliged to enjoin the good and forbid the evil, and the state being the only one which has the physical authority to rule by Islam eg apply the hudood.

I can see brother Jalals argument, he is saying that the phrase used in the Quran deosn't have to be "this is an obligation" for something to be an obligation. This is true. What i find surprising is that Brother PartyPooper seems to disagree with this, yet he quotes obligations and Ayahs which do not follow this logic.

eg forbidding evil and enjoining good is obligation upon the state.
eg forbidding evil and enjoining good is obligation upon the group.
eg forbidding evil and enjoining good is obligation upon the individual.
**
[/quote]

You accuse me of not reading your replies? Look who's talking! In order for you to say something like that means that you have obviously not read the scholar's reply properly! Let me remind you of what he says:

*Now coming to your specific question, it should be clear from the above explanation that the directive in Aal Imran 3: 104 is addressed to the Muslim state. In this verse, the state or the Muslim collectivity is directed to arrange for a separate state department, like that of the police department or that civil defense department, which should be assigned the duty of enjoining good and forbidding from evil, on behalf of the Islamic state.

It should also be clearly understood that all such directives of the Qur’an which are addressed to the Muslim state can be carried out only by the state itself. No one besides the state can and should carry out these directives. Thus, the question of whether it is “Fard-al-`ayn or Fard-al-kifayah” does not arise.*

Thus you have managed to extract the wrong context of that Ayah. Again. It is specifically addressed to the Muslim state. The context is that it is obligatory to have a police department or civil defense department as the scholar points out. But the question of whether it is fard upon every Muslim to establish the Khilafah has not addressed anywhere in the Qur'an or the Sunnah.. In fact you have swung away from this question completely. So I offer the chance for you to answer it again:

Where does the Qur'an and Sunnah say categorically and unambiguously that establishing Khilafah is fard upon every Muslim?

[quote]
Originally posted by abdul_kareem:
**
Brother PartyPooper is asking for evidence of the form "Khilafah is obligation", whereas brother Jalal is saying that the evidence does not have to be in that form, and can be in other forms.

As far as the texts are concerned, the evidence does not have to be in this form to make something an obligation. This is something new in Islam, and none of the classical scholars ever said such a thing-If Moiz Khan/The Learner is saying so then he still has alot to learn about Islam, never mind being a scholar.

**
[/quote]

Oh I see. So you are suddenly a full-fledged scholar are you? I base all my opinions with respect to a scholar and here you are saying that he is wrong. And his name is Moiz Amjad - not Moiz Khan. That is another sign that you have not been paying attention.

[quote]
Originally posted by abdul_kareem:
**
Jalal also qouted a number of other evidences, which i will insha-Allah go through now:
**
[/quote]

But I thought you were not a scholar...

Most of them have no references. They are not verifiable. None of which answer my question. There is no substantial commentary on them other than that of yours and you are not a scholar. The context of these quotes have not been elaborated upon. A classic cut & paste job. Well done.

You are not qualified to extrapolate meanings from these sources of the Qur'an and Sunnah. None of these ( non-verifiable ) sources categorically and unambiguously state that to establish the Khilafah is fard upon every Muslim.

[quote]
Originally posted by abdul_kareem:
**
The above commands of Allah(swt) cannot be achieved unless one removes the current authorities in the Muslim countries, and replaces them with an authority that rules by Islam ie a Khilafah.
Even this removal of authorities, and replacing them with the one that rules by Islam, or correcting the authorities that rule by Kufr, is an obligation upon the Ummah. The evidence for this are many Ayahs and Hadiths.

This is why the scholars of Islam - the classical scholars, called the Khilafah the Fard Al-Assasi(the fard upon which other fards depend upon)
**
[/quote]

You are obviously a political group. And you provide no proof of your last statement. If to establish the Khilafah is fard upon every Muslim, why did the Qur'an not say it specifically? If it is as important as you make it out to be then why is there no single commandment in the Qur'an and Sunnah saying so? Let me quote the scholar here as he is the man qualified to comment upon this:

The first thing that should be remembered is that a group may hold the creation/establishment or ‘re-establishment’ of an Islamic state or “Khilafah” (as some insist upon using) as its basic objective or purpose and an individual may agree with such a group, as well. Nevertheless, the important thing is that the establishment/re-establishment of an Islamic state is neither the basic objective of Islamic teachings nor is it based on Islamic teachings. In other words, there is no clear directive of the Qur’an or one ascribed to the Prophet (pbuh), in which it is said that the creation/establishment/re-establishment of an Islamic state is obligatory upon Muslims or a requirement of Islam. It is the responsibility of those who consider the creation/establishment/re-establishment of an Islamic state to be obligatory upon all Muslims to provide clear directive from the Qur’an and the Sunnah to the stated effect.

This is very important as he stresses upon here:

My dear brother, it should be kept in mind that declaring something to be obligatory is not the jurisdiction of the scholars and students of Islam. It is the sole authority of the Almighty. Declaring something to be obligatory, without the authority of the Qur’an and the Sunnah, is a great transgression and a person guilty of such transgression shall be accountable for it on the Day of Judgment. It is for this reason that I would generally have no objections on what a movement plans to do, as long as its actions are morally and legally justifiable. However, when a movement declares something to be Haraam (prohibited) or Fardh (obligatory) or even a nafl (supererogatory), it is my duty to ask for the basis of such declaration in the Qur’an or the Sunnah of the Prophet (pbuh), as without such basis, all such declarations are a condemnable invention in the body of Islam.

Do you understand what I am trying to say?

Where does the Qur'an and Sunnah say categorically and unambiguously that establishing Khilafah is fard upon every Muslim?

[quote]
Originally posted by abdul_kareem:
**
My advice to brother PartyPooper, as a sincere muslim, would be: to be careful to quote one source[especially a modern one], on a particular issue, without consulting the Classical scholars from the classical age.

I would like to end with the fact that the above arguments that I have presented are in no way mine, I do not have the ability to do Ijtihad, and am in no way a scholar os Islam. All the above arguments are those that have been used by the true/classical scholars, who were around in the Golden Age of Islam. I hope this has been beneficial to both Brother PartyPooper and to Jalal. Please don't argue with each other in a ridiculing way. You should keep in mind that the both of you are here to please Allah(swt) and arrive at the truth.
**
[/quote]

So are you saying that Moiz Amjad is not qualified because you simply do not like his views? Yet he is a scholar and you are not. That means your views are not credible at all. You claim to have put forward arguments from the great classical scholars, yet I see no references, no context, no qualified commentary to the Qur'an and the sayings of our beloved prophet (saw)... For all I know, those few posts of references which you have provided are completely false! They could be mistranslated, edited, misquoted or completely quoted out of context! If by your own admission you are not a scholar then why do you persist in trying to act like one?

I should repeat what the scholar Moiz Amjad said upon this...

My dear brother, it should be kept in mind that declaring something to be obligatory is not the jurisdiction of the scholars and students of Islam. It is the sole authority of the Almighty. Declaring something to be obligatory, without the authority of the Qur’an and the Sunnah, is a great transgression and a person guilty of such transgression shall be accountable for it on the Day of Judgment. It is for this reason that I would generally have no objections on what a movement plans to do, as long as its actions are morally and legally justifiable. However, when a movement declares something to be Haraam (prohibited) or Fardh (obligatory) or even a nafl (supererogatory), it is my duty to ask for the basis of such declaration in the Qur’an or the Sunnah of the Prophet (pbuh), as without such basis, all such declarations are a condemnable invention in the body of Islam.

Remember, you will be accountable on the day of Judgement if you give the wrong idea of Islam to people. So please answer my question as the scholar has wished you to do...

Where does the Qur'an and Sunnah say categorically and unambiguously that establishing Khilafah is fard upon every Muslim?

Hey abdul-kareem...

What do you think my chances are in joining Hizb-ut-Tahrir?

They shoot partypoopers, don't they?

[This message has been edited by Mr Partypooper (edited November 24, 2000).]

45

abdul-kareem,

I would like to ask something further on all the references and quotations that you have quoted throughout your posts.

Please back up each and every one of these individual quotations with the source by citing the name of the book, the author, the volume number (if any) and the page number.

Basically, I am asking you to make these easily verifiable. If what you say is true, then the scholar Moiz Amajad should have no choice or problem in accepting your view. I am not qualified to look at these things so once you have given the exact sources then they can all be individually checked and verified by the scholar if what they are saying is true or not. Then obviously I will not have a problem in accepting your view if the scholar agrees with you.

They shoot partypoopers, don't they?

[This message has been edited by Mr Partypooper (edited November 24, 2000).]

46

Abdul Kareem,

Let me tell you about a sect that rejects the whole Sunnah of the Prophet(saw), they say that Allah(swt) has not categorically made it and obligation to take the Sunnah as the Basis of the Ahkam Shari, since there is no verse such as "It is Fard to take Sunnah as basis of the Ahkam Shari", and since no categorical verse exists[or so they claim], they therefore reject the Sunnah!

Also they reject the Ijma as-Sahaba since they claim that their is no such categorical text!

Remember that analogy that I gave about the Kuffar, who Allah(swt) describe as, that even if, they saw him they would not believe. What did these Kuffar say to the Prophet(saw) ? " If we saw Allah, then that is the categorical proof,and we would believe".

Sub Ha nallah.

May Allah (swt) guide us all to the straight path.Ameen

[This message has been edited by jalal_ud_deen (edited November 24, 2000).]

47

Brothers please read the fifty or so evidences I've given you with references. I'm really shocked at how someone can follow a so called scholar such as Moiz and completely disregard the other thousands of Scholars that have come in the past. Is this really do to sincerely believing that this Moiz has some amazing knowlegde or is it due to PartyPooper, already having decided, before the evidences were even provided that Khilafah is Not an obligation since it contradicts your lifestyle or whatever ?

Surely, at least you should have the sincerety to look at these other evidence that i've provided-some of the books are even available in English.

I'm saddened to see such blatant rejection of Ayah's of Qur'an, that are clear, in their meaning, [especially if one knew Arabic].

If somebody says that Khilafah is not Fard, after these evidences, then what are they saying:

eg "those who accuse chaste woman of zinna(adultery) and fail to bring four witnesses (to prove it) flog them eighty stripes" (An Nur: 4)
Are you saying that this verse is not directed towards the Muslims ? Or that This verse doesn't make punishing someone for Zinna an obligation ? What are you exactly saying in reagrd to this verse ? Don't avoid these crucial question's regarding these verse!

eg "As for the thief, male or female, cut off his or her hand." [T.M.Q. Al-Maidah 5 : 38 ]
Are you saying that this verse is not directed towards the Muslims ? Or that This verse doesn't make punishing someone for Stealing an obligation ? What are you exactly saying in regard to this verse ? Don't avoid these crucial question's regarding these verse!

What about this Hadith reported by Nafia:"whosoever dies whilst there was no bay‘ah (allegiance or a pledge) on his neck he dies a death of jahilliyah."

How do you explain this hadith ??

What about all them other list of hadiths that make it an obligation to remove the munkar. Nobody can say that these hadiths apply to the state only.

These hadiths are general and their restriction need evidence. They apply to individuals as well as groups and include the state. Saying that it applies to the State only, and then saying that the state isn't even Fard !

Its sad to see brothers trying to disregard all the evidences that I gave them by just saying that I am not a scholar...and he refers to some so called other scholar !

Sub-Ha-Nallah. Do you think that Allah(swt) will forgive us, if we followed the misguidance of others ? No Way ! It is our own individual duty, to check to check the opinions and fatwas that have been given to us. And check, these not only against
the numerous evidences that are provided but also check them against the opinions of the classical scholars.

48

[quote]
Originally posted by jalal_ud_deen:
**Abdul Kareem,

Let me tell you about a sect that rejects the whole Sunnah of the Prophet(saw), they say that Allah(swt) has not categorically made it and obligation to take the Sunnah as the Basis of the Ahkam Shari, since there is no verse such as "It is Fard to take Sunnah as basis of the Ahkam Shari", and since no categorical verse exists[or so they claim], they therefore reject the Sunnah!

Also they reject the Ijma as-Sahaba since they claim that their is no such categorical text!

Remember that analogy that I gave about the Kuffar, who Allah(swt) describe as, that even if, they saw him they would not believe. What did these Kuffar say to the Prophet(saw) ? " If we saw Allah, then that is the categorical proof,and we would believe".

Sub Ha nallah.

May Allah (swt) guide us all to the straight path.Ameen

**
[/quote]

  1. I think you are confusing two things.

the categorical proof of God as you have mentioned is not a justifiable comparison in this case.

We are muslims here and there is agreement that Quran and Sunnah are to be taken together.

But the point is that if creating a Muslim state was 'fard' it would have been stated as such in Quran and Sunnah.

You are saying is that it is inferred that creating a state is 'fard'. Same way I or someone else can say something else is inferred from other references.

  1. As I keep saying is that we should be more concerened with increasing the knowledge of muslims about Islam. Once the level of knowledge in the Ummah has reached a point there would be no need to struggle to create a muslim state - because by default it will become a muslim state - no ifs and buts about it.

We are tugging the string from the wrong end.

49

.

[This message has been edited by Girl from Quraysh (edited November 26, 2000).]

50

jalal_ud_deen,

Stick to the topic.

'O you who believe! Shun much suspicion for truly some suspicion is a sin. And spy not, neither back-bite one another. Would one of you love to eat the flesh of his dead brother? You hate that (so hate the other)! And keep you duty to Allah. Surely, Allah is Forgiving and the most Kind.'(49:12)

51

Dear GFQ,

Firstly I am not backbiting, since this is an open forum, where the relavant parties can read my post.

Secondly, it may seem that I was being irrelevant, but this was not the case, if you read the posts beforehand, you will find that Mr PartyPooper uses the principle that if there is no text saying "This is Fard", in specifically these particular words, then this when apllied to all other ideas will result in a person being seriously misguided and possibly Kafir.

And so when applied, Mr. PartyPoopers position is:

Does he believe in Prayer ?
No text such as 'Prayer is Fard' therefore I don't think so !
Does he pray 5 times a day ?
If he does, then it can't be according to the text, since no text exists according to him that will qualify categorically, hence, if he does, possibly its good exercise so he believes

And what about fasting ? If he believes it came about ! [since theres no text about it]

So I would request that you can appreciate the discussion and the examples used to demonstrate the position.

52

[quote]
Originally posted by jalal_ud_deen:
...And what about fasting ? If he believes it came about ! [since theres no text about it.
[/quote]

I'm sticking out of this topic, but to answer your above question:

[quote]

[2:183] Al-Baqarah
183. O you who believe! Observing As-Saum (the fasting) is prescribed for you as it was prescribed for those before you, that you may become Al-Muttaqun
[/quote]

53

Jaza Kallah Khair Brother CoolDude.

Obviously, for me, I accept fasting is Fard. But the text you quoted doesn't fit Mr PartyPooper criteria[the criteria he has adopted from a website], hence, I'm pointing out that according to his criteria, you havn't in his words:

[quote]

categorically and unambiguously

[/quote]

state that fasting is Fard

ie the exact words "Fasting is Fard"

And again in PartyPoopers words:

[quote]

If ...is fard upon every Muslim, why did the Qur'an not say it specifically

[/quote]

Of course I don't agree with the criteria, since I'm fasting and believe its Fard.

54

here you go - in black and white - fasting is fard -

1) [al-Baqarah 2:183.5]- O ye who believe! Fasting is prescribed for you, even as it was prescribed for those before you, that ye may ward off (evil); (Translation: Pickthall)

here are a few more ayat's stating the same.
2) [al-Baqarah 2:184.1]
3) [al-Baqarah 2:185.36]
4) [al-Baqarah 2:185.51]
5) [at-Taubah 9:112.19]

Next time research before saying something

55

Jaza kallah khair brother for the evidences.

You are just proving my point, that according to PartyPooper, Fasting is not fard, since you havn't fulfilled his criteria for something to be Fard.
ie you didn't quote a verse/hadith whose TM is:

"Fasting is Fard"

ie the word 'Fasting'
ie the word 'is'
ie the word 'Fard'

56

Assalmo Alaikum wa rahmatullah barakatu,

Very interesting thread…

http://www3.pak.org/gupshup/smilies/rolleyes.gif

Firstly, I would like to thank Allah(swt) for all the wisdom, knowledge and understanding he has given us Muslims.

Thanks to all the info you all provided, let it be through cut n’pastes or through your own insights on the matter I have come to the following conclusion:

** 1) A ruling body, let it be a single person or a whole cabinet is needed and is vital as a vicegerent of Allah to enforce the laws of Islam and guarantee discipline. **

Most people have suggested that a vicegerent* is not necessary, but i disagree because even though people can adhere to the laws of Islam, ‘Justice’ cannot be achieved unless the laws are implemented on a state level.

*(note that I am not using the word khalifa as there is some ambivalence on the issue)

**
2) All muslims have to act as vicegerents of Allah, and his laws, this means that they have to accept them. Democracy is however needed for electing a leader and deciding on the rules and laws which are in compliance with the Shari’ah.
**

According to the verse of Surah al-Baqarah, where Allah is explaining to the angels that he created Adam as a vicegerent on this earth, we can imply that All muslims are vicegerents of God, as ‘Adam’ can also be used to refer to man collectively.

Democracy is needed because once again a vicergerent of Allah is not the soveriegn ruler or a monarch. * Allah is the ruler of an Islamic nation *, the vicegerent is merely a representative appointed to enforce the laws, and the vicegerent can be a sole person or a collective governing body.

**
3) Muslims have to be united in the acceptance and undersatnding of the Shari’ah, whihc has to be universal. ie. there should be no difference between its implementation in two different Muslim states.
**

This is obvious from the numerous verses of the Quran that point out that we should be universal in deen and not have sects.

As long as the matter of ‘fard’ is concerned, we should take a minute to understand the meaning of the the word:

Fard is anything that has been ordained by Allah(swt) as obligatory on us, and if we do not oblige we are disobeying a law of Islam and we will be punished for it.

Well, I don’t think that Allah has given me the wisdom yet to give a consent on this. But as we all have realized, a ruling body conforming to the Islamic law is needed to implement it in a Muslim state.

If we don’t do something about it whether we will get sins for it is not for me to conclude.

However, it is in our best interest to do soemthing in its cause and Im sure Allah will reward us for it also. Having a strong implementation of the Sahih Shari’ah will result in a more prosperous and more just environment for us to live in. Ofcourse, if a nation gets together to conform by Allah’s law and glorify him day and night, they will most certainly be blessed by Allah, in all ways, economic, social, spiritual and educational well-being.

AOA,
Servant of Allah

Allah knows best…

57

As long as the point of One or many Muslim states is concerned,

Im sure that a single united Muslim state will promote the Muslim feeling of brotherhood and and help us recognize the fact that we are the same, ie. of a single Ummah.

Also it will reduce racial and national bigotry, ofcourse implementation of the Shari'ah should be along with a sound preaching of Islam and tawheed. If the both are coupled, I'm sure we will see an end to all forms of bigotry and discrimination.

Ofcourse, there will be peace and prosperity (the way we never witnessed) due to the blessing of the Most Bountiful.

Allah knows best...

58

people.

OK. I relent that we need a Muslim state to impart justice as abrogated in shariah.

But I still think we are tugging the string from the wrong end. creating a Muslim state in which the people are not following is not going to do any good.. as people will not turn to religion of fear.. only with understanding.

So we have to work towards increasing understanding of people of islam. Once there is enough understanding in majority of muslims.. we will have a defacto muslim state..

as the term goes
if it looks like chicken, and smells like chicken and tastes like chicken.. it must be chicken..

the same parabale would apply

if the muslim population look like muslims
they act like muslims
they live like muslims
they must be in a muslim state..

59

Dear brother jalal-ud-deen…

I apologise for my late response.

http://www3.pak.org/gupshup/smilies/smile.gif

I appreciate the time that you have taken in order to look for the opinions of the scholars. However, in order for me to examine your position, I would like to ask you to help me in doing so.

This is very interesting. The scholar Moiz Amjad does not have the translation of this work. He only has the original books.

Due to this reason, the volume Nos. and the page Nos. would not help him in looking up these citations. He has asked that the title of the chapter, the sub-chapter and the title of the discussion in that sub-chapter, if any, please be given.

For instance, in the case of the citation of “Nahjul Balagha”, I would suggest that you provide the number of the address. In the case of the citation from “Kitaab al-Fiqh”, I would suggest that you please provide the title of the “Kitab” (chapter), the “baab” (sub-chapter) and the “fasl” (discussion).

I would request you to do the same with the other two citations that you have kindly provided within the quote that I have shown.

Jazaak’Allah for your help. Please consider it my right on yourself to remember me in times of your sincerest prayers to Allah. Please ask for my forgiveness and salvation, in your closest moments with the Almighty.

Thank you kindly.

http://www3.pak.org/gupshup/smilies/smile.gif

They shoot partypoopers, don’t they?

[This message has been edited by Mr Partypooper (edited November 30, 2000).]

60

Dear brothers and sisters As-salaamu ‘alaikum.

Fardhiyyah (compulsion) is expressed in several forms in the Quran and the Sunnah. It is one important topic discussed among scholars of Islamic jurisprudence. To give some idea of the topic, the following issues are cited:

a) Is a given command a compulsion or a mere recommendation? (See Quran 5:2; 62:10; 7:31 and try to decide.)
b) A large majority of scholars agrees that a command normally conveys an obligation unless there are indications to suggest otherwise.
c) Is a given command to be executed immediately or can it be delayed and still be regarded as having been properly executed? If it is flexible, like the command to perform the obligatory prayers, then performance may be delayed until the last segment of the prescribed time.
d) Does a command to do something dictate avoiding doing its opposite?

With specific reference to your question about khilafah, let me cite you Sura 8:73. According to great scholars of jurisprudence, this verse leads to the establishment of a single khilafah being compulsory. We find the Final Prophet also making several statements adding weight to this interpretation. For example, he said:

“When you all (Muslims) are united (as one block) under a single khalifah, and a man comes up to disintegrate you and separate you into different groups, then kill that man.” (Muslim)

“If the Muslim world gives bai’ah to two khalifahs, the first one who was given bai’ah must remain as khalifah, and the second one must be killed.” (Muslim)

Scholarly analyses of these and several other similar statements underline the compulsory nature of establishment of a khilafah.