The Shaheed (Martyr)

The following is the draft English translation of the a chapter from the second volume of the masterpiece, 'Shaksiya Islamiya' (The Islamic Personality) by Sheikh Taqiuddin an-Nabhani. For exact meanings please refer to the original Arabic. The Martyr Martyrs (shuhadaa) are of three types; the shaheed of the Akhirah but not by the rules of the world; the shaheed of the world only and the shaheed of the world and Akhirah. As for the shaheed of the Akhirah only and not of this world, they are mentioned in the ahadith. In some narrations they are seven, in some eight, in some nine and in some eleven. The authentic (position) as what came in Muslim is that they are five who are: (al-mat’un) who is the one who dies in the plague i.e. the famous pestilence, the (mabtun) who is the one with diarrhoea, the drowned person who dies because of water, the one who dies of (al-hadm) i.e. the collapsed building, and the one who dies in the way of raising the word of Allah outside the battlefield. Muslim narrated from Abu Hurayra (ra) that the Messenger of Allah (saw) said: بينما رجل يمشي بطريق وجد غصن شوك على الطريق فأخّره فشكر الله له وقال: الشهداء خمسة: المطعون والمبطون والغرق وصاحب الهدم والشهيد في سبيل الله عز وجلّ “A man walking along the road found a thorn-branch in the road and removed it. Allah was grateful to him and forgave him. He (saw) said: The martyrs (shuhadaa) are five: (al-mat’un), (al-mabtun), the drowned one, the one who died in a collapsed (building) and the shaheed in the way of Allah ‘azza wa jalla.” Muslim narrated from Abu Hurairah (ra) who said: The Messenger of Allah (saw) said: ما تَعُدّون الشهيد فيكم؟ قالوا: يا رسول الله من قُتل في سبيل الله فهو شهيد. قال: إن شهداء أمّتي إذاً لقليل. قالوا: فمن هم يا رسول الله؟ قال: من قُتل في سبيل الله فهو شهيد، ومن مات في سبيل الله فهو شهيد، ومن مات في الطاعون فهو شهيد، ومن مات في البطن فهو شهيد. قال ابن مقسم: اشهد على أبيك في هذا الحديث أنه قال والغريق شهيد “Whom do you consider a shaheed among you? They said: O Messenger of Allah, the one killed in the way of Allah is a shaheed. He said: Then the shuhadaa among my Ummah would be few. They said: Then who are they, O Messenger of Allah? He said: The one killed in the way of Allah is a shaheed, the one who dies in the way of Allah is a shaheed, the one killed in pestilence is a shaheed, the one killed due to the stomach is a shaheed (ibn Muqsim said: I testify that upon your father in this hadith that he said) and the drowned person is a shaheed.” The meaning of these shuhadaa is that there is for them in the Akhirah the reward of the shuhadaa; as for this world, they are washed and prayed over. When the word “shaheed” is said in connection with reward and the hadith about that, it is correct to generalize it to these (persons). However, if the word “shaheed” is used in an unrestricted manner without any connotation, then it is not taken to denote these (persons) but rather to denote only those killed in the way of Allah. As for the shaheed of the world not the Akhirah, he is the one who takes the rules of the shaheed of the world in so far as he is not washed nor prayed over but rather buried in his clothes. However he does not take in the Akhirah the reward of the shaheed who fought to raise the word of Allah the highest. This is the one who fights in other than the way of Allah such as fighting for fame or booty alone or while retreating. This is because the ahadith specified the shaheed’s reward for the shaheed who fights in the way of Allah (swt), and the one fighting advancing not retreating. Muslim narrated from Abu Musa al-Ash’ari أن رجلاً أتى النبي صلى الله عليه وسلم فقال: يا رسول الله، الرجل يقاتِل للمغنَم، والرجل يقاتِل ليُذكَر، والرجل يقاتِل ليُرى مكانه، فمَن في سبيل الله؟ فقال رسول الله صلى الله عليه وسلم: من قاتل لتكون كلمة الله أعلى فهو في سبيل الله “That a man came to the Prophet (saw) and said: O Messenger of Allah, the man who fights for booty, the man who fights to be mentioned and the man who fights so that his rank is seen. Which one is in the way of Allah? The Messenger of Allah (saw) said: ‘The one who fights so that the word of Allah be highest is the one in the way of Allah.” Muslim narrated from Abu Musa: سئل رسول الله صلى الله عليه وسلم عن الرجل يقاتِل شجاعة، ويقاتِل حميّة، ويقاتِل رِياء، أي ذلك في سبيل الله؟ فقال رسول الله صلى الله عليه وسلم: من قاتل لتكون كلمة الله هي العليا فهو في سبيل الله “The Messenger of Allah (saw) was asked about the man who fights (to show his) courage, the one who fights out of anger, and the one who fights to show off (hypocritically). The Messenger of Allah (saw) said: The one who fights so that the word of Allah is highest is in the way of Allah.” The Messenger made a condition of the shaheed being forgiven his sins that he fights advancing not retreating. Muslim narrated from Abdullah bin Abi Qatadah from Qatadah that he heard it being narrated from the Messenger of Allah وسلم أنه قام فيهم فذكر لهم أن الجهاد في سبيل الله والإيمان بالله أفضل الأعمال. فقام رجل فقال: يا رسول الله أرأيتَ إن قُتلت في سبيل الله تُكفَّر عني خطاياي؟ فقال له رسول الله صلى الله عليه وسلم: نعم، إن قُتلتَ في سبيل الله وأنت صابر محتَسِب مُقبِِل غير مدبِر. ثم قال رسول الله صلى الله عليه وسلم: كيف قلت؟ قال: أرأيتَ إن قُتلت في سبيل الله تُكفَّر عني خطاياي؟ فقال رسول الله صلى الله عليه وسلم: نعم، إن قُتلتَ في سبيل الله وأنت صابر محتَسِب مُقبِِل غير مدبِر. إلاّ الديْن، فإنّ جبريل عليه السلام قال لي ذلك “That he stood among them and reminded them that jihad in the way of Allah and decisive belief in Allah is the best deeds. So a man stood up and said: O Messenger of Allah, do you see that if I fought in the way of Allah that all my errors would be forgiven? The Messenger of Allah (saw) said to him: Yes, if you fought in the way of Allah and you are patient, hopeful, advancing and not retreating. Then the Messenger of Allah (saw) said: What did you say? He said: Do you see that if I fought in the way of Allah that all my sins would be forgiven? The Messenger of Allah (saw) said: Yes, if you are patient, hopeful, advancing and not retreating except for debts as Jibril (AS) told me that.” The understanding of this is that the retreating fighter’s sins are not forgiven nor does he have the reward of the shaheed. As for the one fighting for fame, the Messenger (saw) clarified that he would be punished and (yet) called him shaheed. Muslim narrated from Sulayman bin Yasar who said: People dispersed about Abu Hurairah (ra) and the (nathil) نائل of the people of Sham said to him: O Sheikh related to us a hadith you heard from the Messenger of Allah (saw). He said: Yes, I heard the Messenger of Allah (saw) saying: سمعتُ رسول الله صلى الله عليه وسلم يقول: إن أول الناس يُقضى يوم القيامة عليه رجل استشهد فأُتي به فعرّفه نعمه فعرفها. قال: فما عملتَ فيها؟ قال: قاتلُ فيك حتى استُشهدت. قال: كذبتَ، ولكنك قاتلتَ لأن يقال جريء، فقد قيل. ثم أُمر به فسُحب على وجهه حتى أُلقي في النار “Verily the first person(s) to be judged on the Day of Judgement is a man who was killed as a shaheed. He is brought to Him (Allah) and He informs him of the bounties (of Allah) and he acknowledges them. He (swt) says: What did you do with them? He answers: I fought for you until I was killed as a shaheed. He says: You lied. Rather you fought so that it be said ‘(he is) brave’ and it has been said. Then He commands regarding him and he is dragged upon his face until he is thrown into the Fire” Till the end of the hadith. This indicates that the one killed for fame, even if he takes the rules of the shaheed in this world, will not gain the reward of the shaheed on the Day of Judgement but would be punished. As for the shaheed of the world and the Akhirah, he is the one who fights the disbelievers to raise the word of Allah and was killed in the battle (field) between Muslims and disbelievers, whether the fighting was in the land of war or the Islamic land. The Supreme (swt) said: ولا تحسبَنّ الذين قُتلوا في سبيل الله أمواتاً بل أحياء عند ربهم يُرزقون “Do not think that those killed in the way of Allah are dead. Rather they are alive and receiving sustenance before their Lord” [Translation of the meaning of the Qur'an 3:169]. This shaheed is the one upon whose rights came in the Shari’ah rules. He is specified as the one killed in the war with disbelievers; similarly the one who was wounded in the battlefield then died of the wound he received in the battlefield is also considered like the one killed in the battlefield. As for other than these, they are not considered shaheed. Accordingly the one killed in fighting with rebels (bughat) is not considered shaheed nor the one wounded in the battlefield then recovered from the wound then died because of it. The shaheed who has specific rules, and the one about whom Allah stated that he is alive, is specified to the one killed in the battlefield with the disbelievers to raise the word of Allah and the one injured in the battlefield then died due to this wound. The rule of this mentioned shaheed is that he is neither washed nor shrouded in burial shrouds; rather he is buried in his blood and clothes because the shaheed is resurrected on the Day of Judgement with the smell of his blood like the sweetest-smelling musk. As for not washing the shaheed, this is due to what Al-Bukhari narrated from Jabir who said: كان رسول الله صلى الله عليه وسلم يجمع بين الرجلين من قتلى أُحد في الثوب الواحد ثم يقول: أيّهُم أكثر أخذاً للقرآن؟ فإذا أشير إليه إلى أحدهما قدّمه في اللحد، وأمر بدفنهم في دمائهم ولم يُغسلوا ولم يُصلّ عليهم “The Messenger of Allah (saw) would collect two men of those killed in Uhud in one cloth, and then he would say: Which one of them knew more of the Qur’an? If one of the two was indicated to him, he brought him forward in the grave-niche (lihd) and said: I am a witness over these. He commanded their burial with their blood and did not pray over them nor wash them.” And Ahmad (narrated) that the Prophet (saw) said about those killed in Uhud: لا تغسلوهم فإنّ كل جرح أو كل دم يفوح مسكاً يوم القيامة. ولم يُصلّ عليهم “Do not wash them because each wound or (each drop of) blood will diffuse musk on the Day of Judgement and he did not pray over them.” It is narrated that the Prophet (saw) said about those killed in Uhud: زمّلوهم بدمائهم ولا تغسلوهم فإنه ما من جرح يُجرح في سبيل الله إلاّ وهو يأتي يوم القيامة وأوداجه تشخب دماً اللون لون دم والريح ريح مسك “Cover them in their blood and do not wash them as there is no wound wounded in the way of Allah save that it will come on the Day of Judgement with its jugular vein flowing blood whose colour is the colour of blood and the odour is the odour of musk.” It has been narrated from Anas أن النبي صلى الله عليه وسلم لم يُصلّ على قتلى أُحد ولم يغسلهم “That the Prophet (saw) did not pray over those killed in Uhud or pray over them.” Just as he did not wash those killed in Uhud, he did not wash the shuhadaa of Badr; similarly he did not wash the shuhadaa of Khandaq and Khayber. So it became clear that the shaheed is not washed. Similarly the shaheed is not enshrouded as the dead person is shrouded; rather he is shrouded in the clothes that he has due to the Messenger of Allah (saw)’s statement about those killed in Uhud: زمّلوهم بدمائهم وكلومهم “Cover them in their wounds and blood” (narrated by Ahmad). And also due to what ibn Abbas (ra) narrated أن رسول الله صلى الله عليه وسلم أمر بقتلى أُحد أن يُنزع عنهم الحديد والجلود وأن يُدفنوا في ثيابهم بدمائهم “That the Messenger of Allah (saw) commanded about those killed in Uhud that the iron and skins be removed from them and that they be buried with their blood and clothes” (narrated by Abu Dawud). As for the prayer over the shaheed, it is allowed to pray over them and it is allowed not to pray over them. As for the permissibility of prayer over them, this is due to the narrations which came that the Messenger (saw) prayed over those killed in Uhud after their burial and prayed over Hamza and a man killed in the battlefield. In Al-Bukhari it is narrated from Uqbah bin ‘Amir أنه صلى الله عليه وسلم صلّى على قتلى أُحُد بعد ثماني سنين صلاته على ميت كالمودِّع للأحياء والأموات “He (saw) prayed over those killed in Uhud after eight years, the prayer over the dead was like a farewell to those alive and those dead.” And from Abu Dawud from Malik al-Ghiffari أنه صلّى الله عليه وسلم صلّى على قتلى أحد عشرة عشرة في كل عشرة حمزة حتى صلّى عليه سبعين صلاة “He (saw) prayed over those killed in Uhud in groups of ten with Hamza in each ten until he prayed seventy times over him.” Abu Dawud narrated from Abu Salim from a man of the Prophet (saw)’s Sahabah who said: أغرنا على حي من جهينة فطلب رجل من المسلمين رجلاً منهم فضربه فأخطأه وأصاب نفسه، فقال رسول الله صلى الله عليه وسلم: أخوكم يا معشر المسلمين، فابتدره الناس فوجدوه قد مات فلفّه رسول الله صلى الله عليه وسلم بثيابه ودمائه وصلى عليه ودفنه. فقالوا يا رسول الله أشهيد هو؟ قال: نعم، وأنا له شهيد “We attacked by surprise a tribe from Juhainah. A man of the Muslims sought a man of them to strike him, but he missed and struck himself. The Messenger of Allah (saw) said: Your brother, O community of Muslims so the people hastened and found him dead. The Messenger of Allah (saw) covered him in his clothes and blood, prayed over him and buried him. They said: Is he a shaheed? He said: Yes, and I am a witness for him.” These are three established ahadith, and they are explicit in indicating that the shaheed is prayed over. As for the permission not to pray over the shaheed, this is because there came other ahadith that the Messenger (saw) did not pray over the shaheed. Abu Dawud and At-Tirmidhi narrated from Anas أن النبي صلّى الله عليه وسلم لم يصل على قتلى أحد ولم يغسلهم “That the Prophet (saw) did not pray over those killed in Uhud or wash them.” And Ahmad narrated from Anas أن شهداء أحد لم يغسلوا ودفنوا بدمائهم ولم يصلّ عليهم “The shuhadaa of Uhud were not washed. They were buried in their clothes and not prayed over.” Al-Bukhari narrated from Jabir bin Abdullah (ra) who said: كان النبي صلى الله عليه وسلم يجمع بين الرجلين من قتلى أحد في ثوب وأحد ثم يقول أيهم أكثر أخذاً للقرآن؟ فإذا أشير له إلى أحدهما قدمه في اللحد وقال: أنا شهيد على هؤلاء يوم القيامة، وأمر بدفنهم في دمائهم ولم يغسلوا ولم يصل عليهم “The Prophet (saw) would combine between two men of those killed in Uhud then say: Which one of them memorized more of the Qur’an? When one of the two was indicated to him, he would bring him forward in the grave-niche and he said: I am the witness over these on the Day of Judgement, commanded their burial in their blood and did not wash them or pray over them.” These ahadith are established and of explicit indication that the shaheed is not prayed over. Ash-Shafi’ responded to the hadith of ibn Abbas (ra) and what came of its meaning regarding praying over those killed in Uhud before their burial “that the information came as if it were specific ones in the face of mutawatirah that the Messenger did not pray over those killed in Uhud.” All these ahadith are established whether those narrated that the Messenger (saw) prayed over the shuhadaa or those narrated that he didn’t pray over them. There is no way to reject any of them due to their authenticity, and because they are of those used as proofs in narration and meaning. There is no way to outweigh one over the other as it is remote that the Sahabah forgot the occurrence of prayer over those shuhadaa, just as it is also remote to leave (waq’i) on the opposite of what is established about him (saw) of praying over the dead. So how can one be outweighed over the other? Nor should one say that the prayer in the ahadith which established the prayer over the shaheed is the du’a so that his saying “prayed” means made du’a. One cannot say this since the Shari’ah realities precede the linguistic (realities) as long as there is no connotation. Here there is no connotation so it is inevitable that the meaning of prayer is the Shari’ah prayer over the dead. Nor should one say that the ahadith of praying over the dead abrogates the ahadith of not praying over them since one of them, which is the prayer over those killed in Uhud after eight years is prayed to later than all the ahadith since it came in the narration of ibn Hibban ثم دخل بيته ولم يخرج حتى قبضه الله “Then he entered his house and did not go out until Allah caused him to die.” One should not say that because the lateness of the hadith alone is not sufficient indication of abrogation; rather there must be another connotation from which abrogation is understood. Here no connotation is present so there is no abrogation in it. So all the narrations remain recognized and are taken to mean that not praying over the shaheed is allowed. It is not narrated that the Messenger (saw) prayed over those killed in Badr, Khandaq or Khayber. They are also taken to mean that if one prays over the shaheed there is nothing (wrong) in that and people are not prevented from praying over them. The shaheed is named shaheed (witness) as Paradise is witnessed for him by the explicit text of the Qur’an. Allah the Supreme said: إن الله اشترى من المؤمنين أنفسهم وأموالهم بأن لهم الجنة يقاتلون في سبيل الله فيَقتُلون ويُقتَلون “Verily Allah purchased from the believers there souls and wealth in return for paradise. They fight in the way of Allah, killing and being killed” [Translation of the meaning of the Qur'an 9:111]. Muslim narrated from Jabir who said: قال رجل: أين أنا يا رسول الله إن قُتلت؟ قال في الجنة فألقى تمرات كن في يده ثم قاتل حتى قُتِل “A man said: Where am I, O Messenger of Allah, if I am killed? He said: In Paradise. So he threw the dates that were in his hands and fought until he was killed and in the hadith of Suwaid. A man said to the Prophet (saw) on the day of Uhud.” It is narrated from Anas bin Malik (ra) that the Messenger of Allah (saw) went with his Sahabah until they preceded the polytheists to Badr. The polytheists came and the Messenger of Allah (saw) said: قال رجل للنبي صلى الله عليه وسلم يوم أُحد وعن أنس بن مالك أن رسول الله صلى الله عليه وسلم انطلق وأصحابه حتى سبقوا المشركين إلى بدر وجاء المشركون فقال رسول الله صلى الله عليه وسلم: لا يقدمن أحد منكم إلى شيء حتى أكون أنا دونه فدنا المشركون فقال رسول الله صلى الله عليه وسلم: قوموا إلى جنة عرضها السموات والأرض. قال يقول عمير بن الحمام الأنصاري يا رسول الله جنة عرضها السموات والأرض؟ قال: نعم. قال: بخ بخ. فقال رسول الله صلى الله عليه وسلم: ما يحملك على قولك بخ بخ. قال: لا والله يا رسول الله إلاّ رجاءة أن أكون من أهلها. قال فإنك من أهلها. فأخرج تمرات من قرنه فجعل يأكل منهن ثم قال: لئن أنا حييت حتى آكل تمراتي هذه إنها لحياة طويلة فرمى بما كان معه من التمر ثم قاتلهم حتى قُتِل “Let none of you precede to anything without my being. The polytheists came close so the Messenger of Allah (saw) said: Stand forth to a Paradise whose breadth is that of the heavens and the earth. He said: ‘Umayr bin al-Hammam al-Ansari said: O Messenger of Allah, a Paradise whose breadth is that of the heavens of the earth? He said: (Bakh! Bakh!). So the Messenger of Allah (saw) said: What carried you to your statement, (Bakh! Bakh!). He said: Nothing, by Allah, except the hope that I be one of its people. He said: Verily you are one of its people. He removed dates from his (qaran) and began eating from them. Then he said: If I were to live until I ate these dates, it would then be a long life! He threw the dates that had then fought them until he was killed” (narrated by Muslim). So Allah (swt) and the Messenger of Allah (saw) have witnessed the Paradise for the shaheed. As for the life of the shaheed, it is established by the explicit text of the Qur’an. The Supreme said: ولا تَحسَبنَّ الذين قُتلوا في سبيل الله أمواتاً بل أحياءٌ عند ربهم يُرزَقون فَرِحين بما آتاهم الله من فضله ويستبشرون بالذين لم يَلحقوا بهم مِن خلفهم أن لا خوف عليهم ولا هم يحزنون، يستبشرون بنعمة من الله وفضل وأن الله لا يضيع أجر المؤمنين “Do not think that those killed in the way of Allah are dead, rather (they are) alive with sustenance before their Lord. Pleased with what Allah gave them of His favours and with good tidings for those behind them who have not met them, that there is no fear for them nor do they grieve. They have glad tidings of blessings from Allah and His favour, and verily Allah does not cause the reward of the believers to be lost” [Translation of the meaning of the Qur'an 3:169]. This life for the shuhadaa is unseen which we do not understand nor perceive as it is in the eternal abode. Although we do not understand this hidden life nor perceive it, nevertheless we believe in its existence but do not understand its reality. Our conviction in its existence is an inevitable matter as it is established by a definite Qur’anic text. The Supreme (swt) said: ولا تقولوا لمن يُقتل في سبيل الله أموات بل أحياء ولكن لا تَشعرون “Do not say of those killed in the way of Allah (are) ‘dead’... Rather they are alive but you do not know” [Translation of the meaning of the Qur'an 2:154]. The life of the shuhadaa is from the unseen (matters) in which iman is obliged. As for the virtue of the shuhadaa, it is a great virtue without an equivalent and he (saw) clarified it in numerous ahadith. Al-Bukhari narrated from Qatadah who said: I heard Anas bin Malik (ra) from the Prophet (saw) who said: ما من أحد يدخل الجنة يحب أن يَرجع إلى الدنيا وله ما على الأرض من شيء إلاّ الشهيد يتمنى أن يَرجع إلى الدنيا فيُقتل عشر مرات لِما يرى من الكرامة “No one who enters Paradise would like to return to the world to obtain all that is upon the world except the shuhadaa who would wish to return to the world to be killed ten times due to what he sees of the honour (karamah).” And in Al-Bukhari: وقال المغيرة بن شعبة: أخبَرَنا نبينا صلى الله عليه وسلم عن رسالة ربنا مَن قُتل منا صار إلى الجنة ). وقال عمر للنبي صلى الله عليه وسلم: (أليس قَتلانا في الجنة وقتلاهم في النار؟ قال: بلى “Al-Mughira bin Shu’bah said that our Prophet (saw) informed us of the message of our Lord that whoever is killed among us goes to Paradise and Umar said to the Prophet (saw): ‘Are not our dead in Paradise and their dead in the Fire. He said: Yes.” And from Abdullah bin ‘Amru bin al-‘Aas that the Messenger of Allah (saw) said: يُغفر للشهيد كل ذنب إلاّ الديْن “All the shaheed’s sins are forgiven except the debt” (narrated by Muslim). He also narrated that the Prophet (saw) said: القتل في سبيل الله يكفِّر كل شيء إلاّ الديْن “The one killed in the way of Allah has all his sins wiped out except the debt.” And Al-Bukhari and Muslim narrated from Abu Hurairah (ra) from the Prophet (saw) who said: تكفَّل الله لِمَن جاهد في سبيله لا يُخرجه من بيته إلاّ جهاد في سبيله وتصديق كلمته بأن يُدخله الجنة أو يُرجعه إلى مسكنه الذي خرج مع ما نال من أجر وغنيمة. والذي نفس محمد بيده ما من كَلِم يُكلَم في سبيل الله إلاّ جاء يوم القيامة كهيئته حين كَلِم، لونه لون دم وريحُه ريح مسك. والذي نفس محمد بيده لولا أن رجالاً من المؤمنين لا تطيب نفوسهم أن يتخلفوا عني ولا أجد ما أحملهم عليه ما تخلفتُ عن سريّة تغدو في سبيل الله. والذي نفس محمد بيده لوددتُ أن أُقتل في سبيل الله ثم أحيا ثم أُقتل ثم أحيا ثم أُقتل ثم أحيا ثم أُقتل “Allah guarantees security for the one who dies jihad in His way, not leaving his house for any other reason except jihad in His way and believing in His words, that He will enter him into Paradise or return him to his abode from which he left together with what he achieved of reward or booty. By the One in whose hand lies the should of Muhammad, whoever is wounded in the way of Allah will not come on the Day of Judgement except in his form when he was wounded, his colour the colour of blood and his odour the odour of musk. By the one in whose hand lies the soul of Muhammad, were it not that there were men among the believers whose souls are not pleased to stay behind me (when I go) nor do I find that could carry them upon, I would not stay behind any expedition that goes out in the way of Allah in the morning. By the One in whose hand lies the soul of Muhammad, I would love to die in the way of Allah then I am resurrected then killed, then resurrected then killed, then resurrected then killed.”

Protests in Turkey, an Uprising?

By Adnan Khan

 “This is the first battle Erdoğan lost in recent memory. He overreached — his hubris, arrogance and authoritarian impulse hit a wall.”[1] This is how one columnist described the protests that have rocked Turkey for the past week. While Turkey is not immune from protests and has had its fair share in recent history, it is clear that something much larger than the destruction of trees close to Istanbul’s Taksim Square, is driving the unrest. Given Turkey's accessibility to the Internet, the clashes have been described in vivid detail online, with many videos capturing both the carnival-like atmosphere on the streets and the heavy-handed police response. While the protests have spread to other areas they have remained in the thousands, and with Recep Tayyip Erdoğan’s significant support base, it remains to be seen how much impact the current unrest will have on Erdoğan’s grip on power. Protests began on May 28, when a small group composed mostly of young environmentalists gathered in Istanbul’s Taksim Square as trees were to be cut to make way for a major new development that reportedly includes a shopping mall, a mosque and a rebuilt Ottoman-era military barracks. The initially peaceful demonstration turned violent the night of May 30, when police tried to break up what had grown to more than 100 protesters. By the weekend more than 10,000 people gathered in Taksim Square, and the protesters were further emboldened when the leadership of the the Kemalist Republican People's Party (CHP), the main opposition party to the AKP government, joined the protests. The size and scope of the protests, however, need to be kept in perspective. Whilst protests spread to a number of other cities such as Izmir, Eskisehir, Mugla, Yalova, Antalya, Bolu and Adana, these are Republican People's Party strongholds and one would expect them to bring out a large number of supporters. The largest protests, in Istanbul and Izmir, brought out predominantly young protesters in the tens of thousands. The protests would be highly significant if they grow to the hundreds of thousands. “Many pundits have argued that demonstrators were from multiple segments of Turkish society. It is true, to an extent -- but the majority appear to have come from segments of the population already inclined to dislike Erdoğan. Most were middle class youth, somewhere between 20 to 30 years old, with liberal sensibilities that clashed with the Turkish government's social conservative bent.” [2] Since taking power Erdoğan and his party, the AKP, have gone from strength to strength. Erdoğan is a conservative secularist who tries to appeal to the Islamic popular base, in no way an Islamist, and the AKP is a wide coalition of progressive-minded politicians and businessmen who were fed up with the old guard of the Kemalist “Ataturk” republic, represented by the army and the CHP party. On sweeping to victory in the 2002 elections, Erdoğan initiated reforms to weaken the army’s hold on the country. The peace process with the Kurdistan Workers' Party to end their insurgency is on the verge of bearing fruits. Erdoğan created a new breed of business elite who now form a powerful coalition of party-affiliated businessmen and media outlets whose livelihoods depend on the political order that Erdoğan continues to construct. For the secular elements in Turkey who have seen their power erode considerably during his reign, the final straw is Erdoğan’sconstitutional referendum which will transform Turkey from a parliamentary system to a presidential system. Such change would enable Erdoğan to continue leading Turkey as president beyond 2015, when presidential elections are scheduled. One resident of Istanbul who participated in the protests, said: “We want to protect our environment, our park in Taksim Square, we want to protect Ataturk's ideas and thinking... Recep Tayyip Erdoğan is against Mr. Kemal Ataturk.”[2] This encapsulates Turkey’s current unrest. What is taking place in Istanbul is no Arab Spring, it is not the oppressed poor rising up against dictatorial rule. It rather is a minority from a position of weakness seeing their secular outlook disappearing day-by-day. For them everything the Erdoğan government does is an attempt to Islamise the country. So when alcohol sales are restricted a disagreement about legislation becomes a battle between democratic loving youth on one side and a religious “zealot” in the form of Erdoğan on the other. On this occasion, the CHP is riding the wave of environmental concerns about this development project to protests and weaken Erdoğan. The ongoing struggle in Turkey is not between an Islamic movement and a secularist one. Rather, the feuding parties are all secular, including the AKP. Erdoğan and the AKP use the Islamic sentiments of the majority of Turks to further their agenda. On the political front, the AKP seeks to shift power from the old elite dating back to the British influence in WWI to a new elite that is more in stream with American policies and interests in the region. Such strategy is by no means an “Islamisation” agenda. Rather, it is an agenda that exploits Islamic tendencies in the majority of the Turkish people to strengthen the secular foundations of the state. The polarizing effect of the recent demonstrations on the religious/secular fault lines of Turkish society actually strengthens Erdogan's popularity among his supporters by downplaying his secular credentials and boosting his image as a "defender of the faithful". If the opposition can coalesce into a unified group that can sustain protests, the most they can achieve is to extract concessions from the AKP or weaken its government.

[1] New York Times, http://www.nytimes.com/2013/06/03/world/europe/development-spurs-larger-fight-over-turkish-identity.

[2] Foreign Policy, http://www.foreignpolicy.com/articles/2013/06/03/the_struggle_for_the_heart_of_istanbul

Posted 1 week ago by Revolution Observer

Posted by Islamic Revival at Thursday, June 20, 2013 0 comments

Woolwich & the Method to Establish the Islamic State

The following is the transcript of a talk recently delivered on this subject. Please note some of the script is in the form of bullet points. كُنْتُمْ خَيْرَ أُمَّةٍ أُخْرِجَتْ لِلنَّاسِ تَأْمُرُونَ بِالْمَعْرُوفِ وَتَنْهَوْنَ عَنِ الْمُنْكَرِ وَتُؤْمِنُونَ بِاللَّهِ “You are the best of the nation raised up for mankind because you enjoin what is right and forbid the wrong and believe in Allah” [TMQ Ale-Imran: 110] In the light of this verse I want to begin my subject today with the topic that has been on the lips of every Muslim in this country over the last week and the topic that has dominated the media – the dramatic killing of a British soldier on a street in Woolwich, London. As usual the media has gone into overdrive in demonising Islam and Muslims with its usual characterisation of Islam as backward and violent. All sorts arguments have been made trying to link violence and the political aspects of Islam so they are trying to polarise the debate so either: · We are of those Muslims who we have seen on the media who are the apologists, who have come out apologising as if Islam is to blame for the state terror caused by Britain, America and the Western powers the world over. · Or on the other hand we are of those who want to engage in acts of violence, in bombings like 7/7 or to kill people on the streets. We should not fall into their agenda and reject the categories and these labels they put on our heads of moderates, extremists, fundamentalists etc. We as Muslims should never take the defensive position, a position of weakness and apologising – this contradicts the ethos of Islam. Allah (swt) says: بَلْ نَقْذِفُ بِالْحَقِّ عَلَى الْبَاطِلِ فَيَدْمَغُهُ فَإِذَا هُوَ زَاهِقٌ ۚ وَلَكُمُ الْوَيْلُ مِمَّا تَصِفُونَ “Nay, We hurl the Truth against falsehood, and it knocks out its brain, and behold, falsehood doth perish!" [Surah Anbiya, 21:18] We should take the offensive approach in this argument. The real problem facing the world is western violence: violence perpetrated by states using full military force. Violence that destroys entire nations and ruins the lives of entire peoples. They emotionally portray the death of one of their soldiers yet they want to ignore the massacres their troops their forces have committed around the world: · This is the violence that has led to the killing over 1 million Muslims in Iraq since the invasion of the Western powers · 140,000 people killed in Hiroshima and 80,000 in Nagasaki by dropping of atomic bombs by America · This is the violence that we continue to see the world over where they continue to launch drone attacks of our mothers and children in Afghanistan, Pakistan and Yemen · This is the violence we see by Bashar al-Assad who was supported by the West and despite their nominal condemnation has been allowed to continue his slaughter in Syria The violence of the western states, in comparison to which, any violence committed by individuals, Muslim or otherwise, is like a drop in the ocean. This is where our focus should be if we are indeed sincere about dealing with the problem of violence. To scapegoat disempowered individuals whilst ignoring the far worse violence of powerful institutions is disingenuous and hypocritical. State terrorism is what causes what they call individual acts of terrorism. They want to ignore the role of their own foreign policy when discussing the cause of this killing in Woolwich – we should ask? · What led the Irish Republican Army (the IRA) – the political wing, Sinn Fein ironically they now sit with – what led them to commit countless attacks against British soldiers in this country in the past? Was it the Quran and Sunnah? Or the occupation of Northern Ireland by the British and the violence of the English against them? Methodology for Change Now turning to the issue of the correct way to channel the anger we feel when we see the atrocities against the Muslims and the munkarat, the evil around us. As Shuhada alan-naas (witnesses over mankind) we as Muslims need to work for a true solution to the problems that we face. Therefore we need to look to the Quran and Sunnah. The Prophet (saw) instructed us in the famous hadith: مَنْ رَأَى مِنْكُمْ مُنْكَرًا فَلْيُغَيِّرْهُ بِيَدِهِ فَإِنْ لَمْ يَسْتَطِعْ فَبِلِسَانِهِ فَإِنْ لَمْ يَ سْتَطِعْ فَبِقَلْبِهِ وَذَلِكَ أَضْعَفُ الإِيمَانِ “Whoever from amongst you sees an evil should change it by his hand, if he is unable to do so then he should change it by his tongue and if he is unable to do so then he should reject it in his heart - and this is the weakest (manifestation) of Iman” [Muslim] So what is the meaning of changing by the hand? Depends on capability and legal responsibility. Individually we can stop munkar within our own sphere of responsibility, e.g. making are children wear Islamic dress, stopping them from evil, or our wife, etc. However how can we change the Munkar in society like the abandonment of the Shariah rules and the shedding Muslim blood in Iraq, Afghanistan, Burma, Syria etc? The people of power in those lands like the army commanders and leaders are directly liable to stop the munkar by their hands. We will not achieve the removal of western forces from our lands by attacks against individuals here and there. In fact we need an army to defeat an army, the armies of the Muslims instead of sitting in the barracks polishing their guns or instead of being used against Muslims like in Syria must be mobilised to protect the Muslims, to liberate Palestine and the other Islamic lands. We as individuals cannot not change the situation by attacking individuals on the streets here and there whether in the Muslim or non-Muslim world – that would not remove the munkar and liberate our lands. Allah (swt) says in Surah at-Tawba: “And fight against the disbelievers collectively as they fight against you collectively.” [TMQ 9:36] The question then arises – that the armies and leaders of the Muslims are not doing anything to solve our problems which is true. In fact the greatest munkar today is implementation of kufr in our lands instead of the justice of Islam. So what should we do? Firstly, we must realise the establishment and maintenance of the Ma’roof and the Munkar can only be practically carried out through the Islamic State which was destroyed on 28 Rajab 1924 as the first speaker discussed. It is impossible to do otherwise. Allah (swt) says: الَّذِينَ إِن مَّكَّنَّاهُمْ فِي الْأَرْضِ أَقَامُوا الصَّلَاةَ وَآتَوُا الزَّكَاةَ وَأَمَرُوا بِالْمَعْرُوفِ وَنَهَوْا عَنِ الْمُنكَرِ وَلِلَّهِ عَاقِبَةُ الْأُمُورِ “Those who when we establish them (in authority) in the earth they establish the Salah, collect the Zakah, enjoin all that is Ma.roof and forbid all that is Munkar, and to Allah belongs the return of all matters..” [TMQ al-Hajj: 41] Imam Qurtubi in his Tafseer has pointed out that only the Sultan has the ability of executing the Ma.roof and removing the Munkar by establishing the Hudood and through the framework of authority. [Imam Qurtubi Jami.u Ahkam ul Qur.an vol. 4 page 47] A state has the power to physically establish the rules of Allah. E.g. cutting hand of thief, stoning adulterer, punishing those who don’t pray salah, wage Jihad to retake Islamic land and protect Muslims, etc The Prophet (saw) said: “The Imaam is a Shepherd and (only) he is responsible for the citizens.” [Agreed upon]. Going back to the hadith about changing the munkar. It first starts with changing by the hand and then says if you are incapable to change it by the tongue. This is something we all have the capability of doing. However like with all issues in Islam like Salah, Fasting, Hajj etc we need to know the details of methodology of how to achieve it. The same applies to this issue. لَقَدْ كَانَ لَكُمْ فِي رَسُولِ اللَّهِ أُسْوَةٌ حَسَنَةٌ “Indeed in the Messenger of Allah you have a good example to follow” [TMQ Al-Ahzab 33:21] So just like we look to the example of the Prophet (saw) in the details of how to pray, fast, get married, perform hajj etc. It is well known, that if the Prophet (saw) was undertaking a Fard in repeatedly the same way – then this indicates to us that it is the method to fulfill that fard, e.g. the tarteeb (ordering of salah). So we have to look to what specific things did the Prophet (saw) repeatedly do in order to establish the Islamic state. As we have discussed the need to have power and authority in order to remove the munkar and establish the rule of Islam. I am going to go through the methodology extracted by scholars in the last century from the Quran and Sunnah in reverse order to help us understand it and perceive it more clearly: 1. The Prophet (saw) gained power and established the first Islamic state after the hijra in Madina. So let us start with how did he gain this power and how was he appointed as the ruler of Madina? · He (saw) did not become the ruler by chance. He (saw) made a lot of effort to win over the people of power. At that time power lay in the tribes and if he was able to gain the support of powerful tribes he could establish Islam. It has been reported by the different books of Seerah that the Prophet (saw) went to seek what is known as the Nussrah (physical support) to establish Islam to many tribes, some say 13 like in Tabaqat of Ibn Sa’ad, others say around 40. The Prophet (saw) asked them to embrace Islam and to establish the Deen practically. He (saw) used to take Abu Bakr (ra) or Ali (ra) with him as they were experts in the lineage and warfare. Most of them rejected or put conditions. The people of Ta’if, Banu Thaqif – threw the Prophet (saw) out and treated him in a very bad manner by stoning, etc. Still the Prophet (saw) persisted. Some tribes put conditions like Banu Amr bin Sa’sa’ah who were willing to support the Prophet on condition that they would have the rule after him. The Prophet rejected this and said, “Allah gives the ruling to whomever he wills”. Others said they had treaties with the Persians and therefore couldn't go against them. · The migration (Hijra) of the Prophet marked the establishment of the Islamic state, it was the first day of joy for the Muslims. We should think we do we date our calendar from the Hijra? Why no from the beginning of Prophethood? It was the most significant event in the history of Islam. · How was he elected as the ruler? Who put him in power? Due to the nature of the society in Makkah it was not very responsive to the Da’wah of the Prophet (saw). Whereas the society in Madina was different, the two prominent tribes of Madina Banu Aus and Khazraj had been fighting for many years and were looking for a way out. When some of them embraced Islam and requested for the Prophet (saw) to send someone to teach Islam there, the Prophet (saw) sent Mus’ab ibn Umair and in one year Mus’ab was able to affect the public opinion there such that it was said ‘Islam has entered every household’, meaning the call of Islam has spread. Eventually some of the key leaders of the 2 tribes gave the Prophet (saw) the Nussrah and pledged support to him in what is known as the second pledge of Aqaba or Bayatul Harb (pledge of war) or Bayatul Dam (pledge of blood). · The people of power are those who uphold the authority in a nation, in the tribal societies of the past it was the tribal chiefs. However today power lies in different places depending on different societies. In some it still lies in the tribes like in Yemen, in others it lies in the influential families and in many it lies in the military. Sometimes the power structures maybe more fragmented such as in Syria currently where power is held by different factions including the Mujahideen groups who rose to defend the Muslims against the regime. Therefore the workers for Khilafah today seek the power in the same way the Prophet did so, if they manage to win some of the people of power - this would aid in the establishment of the state. 2. To establish a stable rule you cannot just have people of power supporting you. You have to have the support of the public. The Prophet (saw) and the Sahaba did not just try to win the people of power. He worked hard to establish a public opinion for Islam. To achieve change in any society you need to affect 2 pillars of society: a) Public opinion, b) People of power. This is what the Prophet (saw) targeted and what the workers for Khilafah today target in the Muslim world. The call for change cannot remain confined to a group of people just talking about Islam in their homes and in private – to have an impact it must go public. The Prophet (saw) engaged in an intellectual and political struggle against the status quo – not a violent one. Allah (swt) said to him: فَاصْدَعْ بِمَا تُؤْمَرُ وَأَعْرِضْ عَنِ الْمُشْرِكِينَ “So proclaim what you have been commanded and turn away from the Mushrikeen (Polythiests).” [TMQ Hijr: 94] After this Ayah was revealed, the Muslims went out in 2 rows one led by Umar bin al Khattab and another led by Hamza Assadullah, they went around the Ka’ba. This marked the beginning of the interaction stage, the time when the Prophet (saw) openly engaged the Quraysh with intellectual and political struggle. · In order to affect public opinion you have to expose the evil practices of society and its corruption, so that people desire a change – you have to challenge the politics, economics, social practices and rulers. The Prophet (saw) would recite to the people of Makkah the following verse: تَبَّتْ يَدَآ أَبِي لَهَبٍ وَتَبَّ "Perish the hands of Abu Lahab." [Al-Masad: 1] · Today this work for Khilafah is not new. The movement for Khilafah worldwide under the leadership of the noble scholar, the Mujtahid, the Faqih, the Sheikh of the Shuyookh – one of the greatest living scholars of our age, Sheikh Ata' ibn Khalil Abu ar-Rashta – the movement is working to build a massive public opinion for Khilafah throughout the Muslim world. · E.g. In Jakarta, Indonesia today there was a massive conference with over 125 thousand Muslims filling the 10th largest stadium in the world at the international Khilafah Conference. Throughout this month of rajab there has been a big campaign and multiple events throughout the Muslim world on the issue of Khilafah from Egypt, Tunisia, Palestine, Pakistan etc. · The Prophet (saw) and Sahabah stood up against the kufr of the Quraysh in all its forms and for this they faced persecution, harassment, torture and killing for their non-violent call. The Prophet (saw) continued upon this path despite this – which is a strong evidence that this work is a fard and not just optional. · Today the Da’wah carriers all over the Muslim world are doing the same, and facing the persecution, torture and killing just as the Sahabah in the past. In fact our Ameer, Sheikh Ata Abu Rashta who I mentioned earlier in his years of non-violent struggle with the tongue to establish the word of truth – has been imprisoned in the prisons of the Muslim world including in Libya, Saudi Arabia and Jordan. The Prophet (saw) told us: “The highest Jihad is the word of truth against the tyrant ruler”. · Today the opinion for Khilafah has gained momentum to the extent that the majority of the mujahideen groups in Syria have given public pledges declaring openly that they are working to replace the corrupt government of Assad with Khilafah. · No compromise with the kufr system - Some suggest today that we can change the political systems from within by entering the democratic systems and trying to change them. This not only contradicts clear texts of Islam and the method of the Prophet, it contradicts the nature of radical change. No system in history has been radically changed from within. As the system always protects itself, lets remember what happened in Algeria when the Islamic Salvation Front (FIS) won in the elections and they wanted to rule by Islam, they were removed by the military who were backed by the French. 3. Finally, in order to establish anything you cannot do it alone – all revolutions and radical political changes in history were achieved by groups. The Prophet (saw) did not work alone, he had the Sahabah whom he cultured to have a strong Iman and to be da’wah carriers. For the first 3 years of His (saw) mission he worked to nurture the Sahabah and transformed their personalities. Allah (swt) ordered us to have a group or groups: وَلْتَكُنْ مِنْكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنْكَرِ وَأُولَئِكَ هُمُ الْمُفْلِحُونَ “Let there arise from amongst you a group(s) calling to the Khair (good) enjoining the Ma’ruf (good) and forbidding the evil, they are the ones who are successful” [TMQ 3:104] Therefore it is our duty in order to change the munkar by our tongues to work with an Islamic group who is working to re-establish the Khilafah upon the correct method for change. We must realize that the return of it is inevitable, it will happen it has been mentioned in many of the ahadith of the Prophet (saw) such as the famous hadith in the Musnad of Ahmad where the Prophet (saw) said: “Again the Khilafah will come on the path of the Prophethood”. On the authority of Sahl Ibn Saad Al-Sa'idi (ra), the messenger (saw) said, بدأ الإسلام غريباً وسيعود غريباً فطوبى للغرباء "Islam began strange, and it shall return strange as it began, so "Tooba" to the strangers. They said: O messenger of Allah "who are the strangers?". He (saw) said: "They are the ones who correct the society when the people become corrupt". "Tooba" in the donya is the great khair from Allah by giving those ones the yaqeen and by giving them guidance, and in the akhira "tooba" is a tree in the paradise in which it takes the rider to cut its shadow one hundred years.” [Tabarani] 02/06/13

Q&A: Why does Hizb ut Tahrir not request its members to make Hijrah to Syria?

The following is the translation of an Arabic Q&A from the website of the noble mujtahid and faqih, Sheikh `Ata’ Ibn Khalil Abu Rashtah (Allah preserve him).

As-Salaamu Alaikum Wa Rahmatullah Wa Barakaatuhu,

Question:

In this question I am comparing the time when the Prophet صلى الله عليه وسلم attained the Nusrah and the beginning of the Hijrah by his companions with what is happening today in Ash-Shaam. Hizb ut Tahrir is a political party that treads the path of the Prophet صلى الله عليه وسلم to establish the Islamic State. And now Hizb ut Tahrir has begun to attain the Nusrah in Syria as we have witnessed that from the Central Media Office of the Hizb.

The question: Why does Hizb ut Tahrir not request its members to make Hijrah to Syria like the Prophet صلى الله عليه وسلم requested from his followers? Or does the reality differ? Please clarify this issue.

By Abu Abdur Rahman At-Tameezy

Answer:

Wa Alaikumu Salaam wa Rahmatullahi wa Barakaatuhu,

Yes, indeed the Messenger صلى الله عليه وسلم did order the Sahaabah (Companions) to make Hijrah to Madinah however this was after the Messenger of Allah صلى الله عليه وسلم had obtained the Nusrah from the people of Al-Madinah i.e. after the second pledge (Bay'ah) of Al-Aqabah. This is because it was a Bay'ah made upon the ruling where Madinah became Dar ul-Islam Hukman (in its ruling) as the power had been achieved within it for Islam and the Muslims. And it awaited the arrival of the Messenger of Allah صلى الله عليه وسلم so that it became Dar ul-Islam Fi'lan (in actuality) in which the Islamic rulings were applied.

And when the likes of the second pledge of Al-Aqabah is achieved for us then the time for Hijrah will take place in accordance to the Shari'ah rules.

Your Brother,

Ata Bin Khalil Abu Al-Rashtah

16 Rajab 1434 AH

26 May 2013 CE

Q&A: Working as a Policeman for the Authorities | Sheikh Ata’ Abu Rashtah

The following is the translation of an Arabic Q&A from the website of the noble mujtahid and faqih, Sheikh `Ata’ Ibn Khalil Abu Rashtah (Allah preserve him).

السؤال:

السلام عليكم ورحمة الله تعالى وبركاته

عندي سؤال أخي أنا أسكن في مدينة خليل الرحمن والكل يعلم بأننا قد ابتُلينا في هذه السلطة، سلطة الضرار وواقعها معروف. سؤالي من شقين:

الأول: هل جميع من ينتسب إلى أجهزتها آثم، أي لا يجوز، بمن فيهم شرطي السير.

الثاني: ما حكم من يعمل عندهم (في مقراتهم) من أصحاب الحرف كالبناء والبليط والقصير…الخ

والسلام عليكم ورحمة الله تعالى وبركاته.

Question:

al-salamu `alaykuk wa rahmatullahi wa barakatuh.

My dear brother, I have a question. I live in Hebron and everyone knows how we are afflicted with suffering by this authority and how dangerous and damaging it is and its reality is well-known. My question has two aspects: One: is everyone who is associated with its departments a sinner i.e. unlawful, to be a traffic policeman for their authorities? Two: what is the ruling for he who works for them (in their headquarters) as a craftsman, artisan or workman as well as a construction worker or a tile worker, etc…peace and blessings of Allah Most high be with you.

Answer:

الجواب:

وعليكم السلام ورحمة الله وبركاته

بالنسبة للعمل شرطياً عند السلطة…

أخرج أبو يعلى في مسنده وابن حبان في صحيحه، واللفظ لأبي يعلى: عن عَنْ أَبِي سَعِيدٍ، وَأَبِي هُرَيْرَةَ قَالَا: قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: «لَيَأْتِيَنَّ عَلَى النَّاسِ زَمَانٌ يَكُونُ عَلَيْكُمْ أُمَرَاءُ سُفَهَاءُ يُقَدِّمُونَ شِرَارَ النَّاسِ، وَيَظْهَرُونَ بِخِيَارِهِمْ، وَيُؤَخِّرُونَ الصَّلَاةَ عَنْ مَوَاقِيتِهَا، فَمَنْ أَدْرَكَ ذَلِكَ مِنْكُمْ، فَلَا يَكُونَنَّ عَرِيفًا وَلَا شُرْطِيًّا وَلَا جَابِيًا وَلَا خَازِنًا». هذا الحديث ينهى الرسول صلى الله عليه وسلم فيه عن هذه الأربعة تحت حكم الأمراء السفهاء بشكل مطلق.

ولكن أخرج الطبراني في الصغير والأوسط عن أبي هريرة الرواية التالية: «فَمَنْ أَدْرَكَ مِنْكُمْ ذَلِكَ الزَّمَانَ فَلَا يَكُونَنَّ لَهُمْ جَابِيًا، وَلَا عَرِيفًا، وَلَا شُرْطِيًّا«، فقال: «فَلَا يَكُونَنَّ لَهُمْ»، أي أن النهي مقيَّد لأن اللام للاختصاص، وهذا يعني أن النهي في الحديث الثاني متعلق بالعمل لهؤلاء الحكام مثل الحرس الخاص بهم، والدوائر الأمنية الخاصة بحمايتهم، وكذلك الخازن لأموالهم ونحو ذلك من الدوائر الأمنية الخاصة بالحكام…

ولأن القواعد الأصولية تنص على حمل المطلق على المقيد، فإذن يكون النهي متعلقاً بالعمل في أجهزة الشرطة الخاصة بحماية الحكام وأمنهم… كالحرس الخاص لرئيس السلطة وأعوانه، وخزنة أموالهم، وشرطة أمن الدولة ونحو ذلك.

وأما أجهزة الشرطة الأخرى العادية فيجوز. وبطبيعة الحال فالجواز لا يعني ظلم الناس أو أكل حقوقهم، بل تحري الحق في العمل، وهذا ليس فقط في أجهزة الشرطة بل في كل دائرة… ولذلك فشرطي السير وأمثاله جائز عمله.

أما الأعمال الأخرى كأن يكون أجيراً عندهم في البناء والتبليط والقصارة، فجائز لأن عقد الإجارة جائز مع المسلم وغير المسلم في الأعمال المباحة إلا في حالة الحرب الفعلية، فلها أحكامها الشرعية الخاصة. أخرج ابن ماجه عَنْ ابْنِ عَبَّاسٍ قَالَ «أَصَابَ نَبِيَّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ خَصَاصَةٌ فَبَلَغَ ذَلِكَ عَلِيًّا فَخَرَجَ يَلْتَمِسُ عَمَلًا يُصِيبُ فِيهِ شَيْئًا لِيُقِيتَ بِهِ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَأَتَى بُسْتَانًا لِرَجُلٍ مِنْ الْيَهُودِ فَاسْتَقَى لَهُ سَبْعَةَ عَشَرَ دَلْوًا كُلُّ دَلْوٍ بِتَمْرَةٍ فَخَيَّرَهُ الْيَهُودِيُّ مِنْ تَمْرِهِ سَبْعَ عَشَرَةَ عَجْوَةً فَجَاءَ بِهَا إِلَى نَبِيِّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ»، وأخرج نحوه الترمذي، وهو دليل على جواز الإجارة في الأعمال المباحة مع المسلم غير الملتزم ما دام يجوز مع غير المسلم. فالإجارة جائزة عند السلطة في الأعمال المباحة.

أخوكم عطاء بن خليل أبو الرشتة

Response:

Wa `alaykum al-salam wa rahmatullahi wa barakatuh.

As regards working as a policeman for the authorities: Abu Ya`la reports a hadith in hisMusnad[1] as well as Ibn Hibban in his Sahih[2] and the wording is Abu Ya`la’s that: Abu Sa`id and Abu Hurayrah both said that: the Messenger of Allah (saw) said: ‘A time will come when you will have idiotic and despotic rulers over you putting forward the most evil of people and follow them in their choices and they will delay the Prayer from its fixed times. So if you are in that time, then do not be a corporal, a policeman, a tax collector or treasurer…’ The hadith mentions the unrestricted prohibition by the Messenger of Allah for being any of these persons when the ruler is idiotic and despotic. However, al-Tabarani in his [al-Mu`jam] al-Saghir[3] and al-Awsat[4] the following narration from Abu Hurayrah: ‘Whoever is present at that time, then let him not be a tax collector, treasurer or policeman for them’. He said: <فَلَا يَكُونَنَّ لَهُمْ> (‘and do not be for them’) which is a restricted prohibition due the letter ‘lam/اللام’ denoting ‘specification’ (lam li’l-ikhtisas). What this means is that the prohibition relates to working for those specific rulers, e.g. specifically protecting them, or working as a private security service for them as well as a treasurer for them or any other such security services. The principle in Usul [al-Fiqh] is that the unrestricted (mutlaq) is taken over the restricted (muqayyad). Therefore, the prohibition refers to working as an officer or policeman that involves security and protection of the rulers like guarding the president and his aides, treasurer to his wealth or a policeman for the state and such jobs.

            As for other general police professions, then this is permitted provided of course that does not involve oppressing others or taking their rights but investigating the rights of work. This is not only the case for the police department but for every department. Therefore, it is permitted to work as a traffic policeman [s: or officer].

Regarding other kinds of work such as being employed as a tiler, builder, bleacher or fuller, then these are permitted. A contract of employment/hire (ijarah) is permitted whether for a Muslim or non-Muslim as long as the work is permitted in origin unless there is an actual state of war going on [s: with Muslims] because such a situation has very different legal rulings. Ibn Majah relates from Ibn `Abbas that: “The Prophet was in need of food and news of that reached `Ali. He went out seeking work so that he could earn something to give to the Messenger of Allah. He came to a garden belonging to a Jewish man and he drew seventeen buckets of water for him, each bucket for a date. The Jew gave him the option to take seventeen of his `ajwah dates (a high quality of dates) and he brought them to the Prophet of Allah.”[5] al-Tirmidhi also narrated something similar and it is a proof that it is permissible seek work from a non-Muslim as long as the work is not impermissible. Thus, working for the authorities in a permissible job is allowed.

Your brother, 

`Ata’ Ibn Khalil Abu Rashtah.

[End].

References and translator's notes:

1. The meaning of ‘`arif/corporal’: the person who informs the Khalifah or ruler about the affairs of the army or soldiers.[6]
2. The meaning of ‘shurti/policeman’: he who protects the Khalifah or ruler or any authority in the Islamic state.
3. The meaning of ‘jabiy/tax collector’: the state tax collector or zakat collector.[7]
4. The meaning of ‘khazin/treasurer’: the one who protects the state wealth or money.[8]

s.z.c.

---

[1] Abu Ya`la, al-Musnad (no.1115) and cf. The ‘Kitab al-Khilafah wa’l-Imarah’ in the Zawa’id of Abu Ya`la’s Musnad entitled al-Maqsid `al-Ali (no.779). Shaykh Shu`ayb al-Arna’ut declares thehadith to be ‘weak’ (da`if) although Shaykh al-Albani declared it ‘authenticated’ (sahih) inSilsilat Ahadith al-Sahihah (no.360). al-Haythami in al-Majma` al-Zawa’id, 5:240 states all the transmitters to be those of the sahih (authentic) category except `Abd al-Rahman Ibn Mas`ud who is upright (thiqqah). The narration is hasan. And Allah knows best.

[2] Ibn Hibban, Sahih (no.4586).

[3] al-Tabarani, al-Mu`jam al-Saghir (no.564).

[4] al-Tabarani, al-Mu`jam al-Awsat (no.4190). The full text is:

يَكُونُ فِي آخِرِ الزَّمَانِ أُمَرَاءُ ظَلَمَةً، وَوُزَرَاءُ فَسَقَةً، وَقَضَاةٌ خَوَنَةٌ، وَفُقَهَاءُ كَذَبَةٌ، فَمَنْ أَدْرَكَ مِنْكُمْ ذَلِكَ الزَّمَانَ فَلَا يَكُونَنَّ لَهُمْ جَابِيًا، وَلَا عَرِيفًا، وَلَا شُرْطِيًّا

[5] Ibn Majah, Sunan (no.2439).

[6] `Azim Abadi, `Awn al-Ma`bud, 10:108: “He is in charge of the affairs of groups of people and informs the the Amir of their condition…”

هُوَ الْقَيِّمُ بِأُمُورِ الْقَبِيلَةِ أَوِ الْجَمَاعَةِ مِنَ النَّاسِ، يَلِي أُمُورَهُمْ وَيَتَعَرَّفُ الْأَمِيرُ مِنْهُ أَحْوَالَهُمْ

al-Hafiz Ibn Hajar states in Fath al-Bari, 6:601: “He is called an ‘`arif‘ because he informs the Imam about the condition of the army…”

وسمي العريف عريفا لأنه يعرّف الإمام أحوال العسكر

وسمي بذلك لكونه يتعرف أمورهم ، حتى يعرف بها من فوقه عند الاحتياج

[7] See Ibn Taymiyyah, al-Majmu` al-Fatawa, 14:92 and Ibn Qudamah, al-Mughni, 7:317.

[8] See al-`Ayni, Sharh Abi Dawud, 6:436:

وقوله : ( ولا خازنا ) الخازن هو الذي يُخزن عنده المال ، أي : يُحفظ