Dawlah Riddah: Alshabaab’s Takfeeri Undertones.

[AYOUB]

Norf

You've just - in a "softly softly" way - repeated what Xiin already said. I wanted to know exactly what has been ruled out of the other categories and needed "pondering" if it might fit into category #4 . Xiin took it wrongly but I never meant mischief. The question is important because all Somali administration out there ( including Djibouti ) have been branded un-islamic.

[Laba-X]

Originally posted by xiinfaniin:

LX, I am not sure what you are discussing here. I gave you what scholars say about the tafseer of the verse you often cite to invalidate the faith of current somali leaders. you are writing more grammer than truth awoowe, and even managed to confuse me about your stance.

 

Do you beleive TFG is dawladah riddah? Its ministers? Soldeirs? Those who support them and side with them ?

 

Make your stance first. Then bring your reasoning in the form of evidence.

Xiin,

 

This is because you haven’t understood the concepts you are discussing clearly, despite your purported exuberance on the subject, and your is but a matter of postulation and a staunch defiance when faced with the truth.

 

Apart from quoting a few passages, you haven’t been able to explain what exactly the concept of ruling besides what Allah has revealed entails.

 

You quoted Albani’s explanation of Kufr Duna Kufr, (and I will get back to this later) but you haven’t provided any real sense of meaning as to what it implies.

 

I have cited the opinion of up to 12 scholars, yet all this means nothing to you since you are adamant in your claim for which you have no sound evidence from the Qur’an and Sunnah, except for Taqliid.

 

I have asked you to clarify your position that ruling besides what Allah has revealed is only a sin and not Kufrul Akbar by taking into account the historical events that I have mentioned in my previous post, yet you have sidelined the questions.

 

And just so that the truth is made clear, below is a list of some of the scholars who have derived the meaning from the Ayahs regarding ‘ruling besides what Allah has revealed’ to be Kufrul Akbar which takes one out of the fold of Islam:

 

1. Shaykhal Islam Ibn Taymiyyah

2. Al Hafidh Ibn Katheer

3. Shaykh Abdul Aziz Ibn Baaz

4. Shaykh Muhammad Ibn Saleh Al-Cuthaymeen

5. Shaykh Mahmud Shaakir

6. Ibn Jarir At-tabari

7. Umar Al-Ashqar

8. Al-Allamah Muhammad Al-Amin As-Shanqiti

9. Imaam Ahmad Shaakir

10. Al Allaamah Muhamad Ibn Ibrahim ala-Shaykh

11. Shaykh Muhammad Al-Ghunaymaan

12. Abdurrazaq Afiifi

13. Shaykh Abdurahman ibn Muhammad Ibn Qasim

14. Shaykh hamad Ibn Atiq An-Najdi

15. Imaam Abdullah Ibn Humayd

16. Shaykh Muhammad Hamid Al-Fiqqi

17. Imaam Ash-Shawkaani

18. Abdulatif Ibn Abdurahman Ibn Hasan

19. Abdurahman Ibn Hasan

20. Shaykh Muhammad Shakir Ash-Sharif

21. Salih Ibn Ibrahim Al-Layhu

22. Shaykh Saleh Al-Fawzan

23. Shaykh Albani

Now, only one thing remains: Either they are all wrong (which means you should call them the unmerited names that you call us) or you have clearly not been able to comprehend a thing! I have given you the sources and quotes from some of the above and the rest are available upon request, even though I doubt that they would augment your insight into the matter where the previous scholars have failed. You quoted Sheikh Ibn Baaz, Albani and Cuthaymeen as your references for the belief that you hold, but despite the evidence of their saying that I have cited, you remain adamant with just the quote that you have happened to come across. You have all the proof that ruling besides what Allah has revealed is Kufrul Akbar which takes one outside the Millah, but of course you are not satisfied except with your three quotes. I ask you, then, which view of the Shaykhs that we both cited is abrogated and which is the correct one?

 

As for your question:

 

Do you beleive TFG is dawladah riddah? Its ministers? Soldeirs? Those who support them and side with them ?

It is a good question, but I fail to understand your fervency. You have a habit of mixing different issue in order to muddle the subject. You should stop flipping from topic to topic and distinguish between the issues concerned. The topic in discussion as you have clearly titled it yourself is:

1- Ruling with Other than What Allah Revealed [Muslim Scholars’ take on the often-cited Quranic verse]

This means, we are talking about the XUKM. Once we are done with the XUKM, then we can talk about applying the Xukm to whom it concerns! You haven’t settled or grasped the fundamentals of the Xukm and you are running to its application. Haysku dhex wadin arrimaha eek ala saar and finish what you started yaa Sheikh!

[xiinfaniin]

^^

Yours is simple madness wallaahi. Culumaddii aan hadda kor kuugu sheegay fataawigooda ayyaad soo list garaynaysaa.

 

LX, at this point you are being difficult to deal with. The reason I started these threads is simply to see if anyone can seriously defend the labels alshabaab groups use to spill blood in current Somali conflict.

 

As you can see the heading of this thread is called Dawladah Riddah:….. If you don’t really believe the TFG political community are murtadiin, then you need not bother with this thread. In the meantime I will continue with the rest of the topics I listed as time permits.

 

You see, you and bro Nur can speak of branches of deviant sects to dodge the real questions that are being asked in today’s context. You can start parallel threads. You can talk about murji'ah and what have you all to simply blur the issues but that, my friend, won’t cut with me.

 

Waxaan ku adkaysanayaa: war raggu ma gaaloobeen oo dhiigooda , xilahooda, iyo xoolahoodu, xalaal ma yihiin mise maya.

 

Haddey haa tahay, maxay tahay daliisha loo hayaa.

[Nur]

Akhi Xiin

 

According to Sheikh Ibnul Qayyim in his famous book, Iclaamul Muwaqqiciin, a Fatwa requires two conditions:

 

1. Knowledge of the XUKUM

2. Knowledge of the Reality on the ground

 

The first is pure FIQH

 

The second requires impartial description of the state of affairs and actions of the party involved in the XUKUM. Usually, if this was a case before an islamic Court, it will require witnesses to show that the XUKUM has been violated without any doubt.

 

So, let us spend some time on XUKUM, I have no doubt that once we settle the XUKUM that the second part will be self evident.

 

I am out on the issue, I am yet to post my two cents on the XUKUM in a way that may not have been covered in this thread yet.

 

 

Nur

[xiinfaniin]

We are not in the business of issuing fatwas, Nur. We are trying to establish if the claim of apostasy on a large numbers of Muslims including TFG, and other admins in Somalia has any valid religious grounds. I compiled the opinions of Sunni contemporary scholars, elucidating the caution employed when expounding the tafseer of the verse takfeeri groups cite to invalidate their detractors. We are at the edges of the pool, Nur, and going back on discussing how a generic XUKM is arrived in Islamic jurisprudence prolongs the suffering of this thirsty gallery awoowe.

 

No matter. I don’t mind you elucidating that aspect of the discussion provided you keep eye on the question of our time: are Somalia’s political leaders on both state and regional level murtaddiin?

[Nur]

Akhi Xiin

 

Youw say:

 

We are not in the business of issuing fatwas, Nur. We are trying to establish if the claim of apostasy on a large numbers of Muslims including TFG, and other admins in Somalia has any valid religious grounds.

 

Brother, Fatwa in Arabic precisely means ESTABLISHING IF CLAIM OF APOSTACY IS VALID

 

And by the way, it did happen in the past during the Riddah Wars, when some MUSLIMS refused to pay the Zakat after the death of Prophet Muhammad SAWS. So, in our present case, we need to establish IF THE CLAIM IS RIGHT OR WRONG, and we can not establish that fact without a solid foundation of a XUKUM that has to be agreed upon before we superimpose that Xukum on the subjects in this matter. We need to be detached from the problem to solve it to fathom deeply into all of the dimensions comprising the issue.

 

You write:

 

I compiled the opinions of Sunni contemporary scholars, elucidating the caution employed when expounding the tafseer of the verse takfeeri groups cite to invalidate their detractors.

 

Trying to give a misnomer to the party you are debating beats the very purpose of a healthy discussion, name calling like Takfeeri is an insult in my opinion, I personally detest it, as I believe that we are all Muslims on this forum. Akhi, stick to the issues only, and stop the irresponsible name calling which is increasingly clouding your judgement.

 

 

You say:

 

We are at the edges of the pool, Nur, and going back on discussing how a generic XUKM is arrived in Islamic jurisprudence prolongs the suffering of this thirsty gallery awoowe

 

If this is the size of the pool of daleels that you see for a topic as critical as this, yaa akhi Xiin, its very shallow, wallahi, there are more to this issue than you have posted, and I am spending the last five days researching to articulate and respond to you as I do not take an issue like TAKFEER lightly, since its not light in the eyes of Allah, its shouldn't be light on ours, and besides, as much as one can drift to an edge of extremism of Khawarij, equally, its possible that some drift to the other side of Murjia and Juhamia, and its worth your while being patient and read every line of opposing counterpoint to stay in the middle course of Ahlul Sunnah which we all aspire to be with.

 

 

The following is an old response to you ( 2007) about what constitutes the Islamic State that deserves our allegiance, and our obedience so that anyone who breaks ranks with it will be like the KHAWARIJ which you frequently refer to those you disagree with.

 

Xiinfaniin walaal

 

You write:

 

But I am still not convinced (though admittedly I am fleeting with more questions than answers) about the rigidity of those processes you cited.

 

Answer:

 

Walaal Xiin , Sharia of Allah is a sacred ordinance, conforming to it is a sign of surrender to Allah, rejecting it is a sign of kufr, as such we must be diligent when presenting it for application into our lives.

 

Sharia is applied after those whose affairs are in their hands ( Sovereign) have surrendered to Allah in deed , as a mean for establishing an Islamic State to fulfill its duties entrusted to it by Allah SWT on earth to uphold justice, enjoying what is right and forbid what is evil. An Islamic state in turn has its requirements.

 

Adherence to Sharia law is a form of surrender to Allah's authority, its thus a from of worship, Allah SWT says : inil xukmu illaa lillah, amara allaa tacbuduu illaaa iyaah dhalikal diinul qayim, walaakinna aktharunnasi laa yaclamuun : Meaning; Law making is reserved for Allah SWT, He has ordered that you shall not worship other than Him, (because) that is the right way of life ( Deen) but most people do not realize (the fact) ( since any other judicial power constitutes to be a sovereign, other than Allah, adherence to its law is tantamount to worship other than Allah )

 

Such a sacred ordinance can only be carried out by a competent entity like an Islamic State. The state has to be defined in terms of the Sharia auspices from which it will draw its legitimacy, in light of the Quraan and Sunnah.

 

The best definition of an Islamic State in modern times was the one adopted by the delegates of 31 Muslim scolars that convened in Karachi, Pakistan during the conference of ( Establishment Of An Islamic State ) held on the 21 - 24 of January 1951. Here are the set of conditions they have agreed upon as a consensus to be met before a state can be an Islamic State. ( below is my rusty translation from the original document in Arabic ):

 

 

1.The Real Power, behind legislation and Establishment of state should belong to ALLAH alone. ( TASHRIIC+ TAKWIIN) in Somali ( Maxaa la isugu tagay ( Qarannimo, Qabiil, Dhul?), maxaana la isku xukumayaa?)

 

2. There should not be any law, ordinance or a directive that conflicts with the Quraan and Sunnah.

 

3. The State should not be a geographically, ethnically, regionally, defined state. It should be established on a globalist scope for all mankind, transcending all temporal boundaries ( Allah Is the Absolute Sovereign, All Humans are His Subjects. The Universe in which our Planet Earth is located is His Undisputed Dominion) by virtue of creation.

 

4. The state must work toward establishing good, and provide all of its means, and prohibit evil, and deter against it by all means.

 

5. The State must work toward the unification of all Muslims all over the world, in deed, and to feel their plight similar to how the human body senses its self , the whole body feeling pain when part of it is in pain. ( Hadeeth)

 

6. The state must provide for its citizens basic needs of shelter, food , education, health care, and specially for the physically or mentally disabled, or the unemployed, State shall not differentiate beneficiaries by social status or ethnic privilege.

 

7. All citizens without distinction are equal under the Sharia, such as protection of life, property, dignity, freedom of worship, personal freedoms, freedom of speech, freedom to travel without hindrance, freedom of association, freedom of trade, equal opportunity for employment and advancement, and equality for receiving public assistance.

 

8. No citizen should be denied any of the above rights without a legal decree from Islamic Sharia, no one should be punished without due process of law in an impartial court applying the sharia and extracting its legitimacy from Quraan and sunnah, and allowance for self defense aginst charges.

 

9. The head of state should be Muslim, Male, Dependable,with clean record, Credible, just, known for his piety, thoughtful and careful decision making method.

 

10. The head of state should be the Chief Executive of affairs, with privilege to delegate parts of his duties to a person or an institution that he trusts.

 

11. Head of state should consult according to Shuraa principle with people of knowledge in the specific fields, Ahulul Xal wal caqd (Those most knowledgeable in the Sharia) He should not dictate without consulting them.

 

12. Head of state should not make any law ineffective, partially or as a whole, and he should not dictate without first conferring with the shuraa committee.

 

13. The public represented by the ahlul Xal wal caqd ( Those most knowledgeable in the Sharia) reserve the right to elect the head of state, or to relieve him of his responsibility with a majority as Islam has prescribed.

 

14.Head of State has no immunity against the Sharia law, he is equal with all citizens in right and responsibilities.

 

15. Members of government, its employees and the public should follow a single process and system, and should equally stand before a public court in the land.

 

16. The Judicial branch should be separate and independent from the executive branch for passing judgments.

 

17. No interpretation of any law is allowed if its not in line with Quraan and Sunnah.

 

18. State will not tolerate any advocacy activity that clearly opposes Islamic principles, threatening the very existence of the nation.

 

Questions:

 

 

1.Based on the above, which comes first the state with its conditions, or the Sharia?

 

2. We have seen Sharia declared all over the world, from States in Nigeria to Indonesia, where in the spectrum of above are they fitting?

 

3. You say, that perfection should not be the goal, how much of the above conditions do you see important?

 

4. I am sure that you agree that Walaa ( allegiance) should be for Allah ALONE, what happens when its for the Tribe? the recent clash in Mogadishu was immediately switched from Jihad to targeting a tribe. Walaa being part of tawheed, is it well understood that its for Allah? is it a minor thing in your opinion?

 

 

Now, my answers to some of your questions.

 

I believe that residents of Mogadishu have every right to defend themselves, properties and dignity and faith, if they choose Islam as their faith, its should not be for convenience, its a complete set of a divine regimen, applying parts of it and discarding parts is more damaging to Islam as a brand as it makes it ineffective. ( The Sharia will only be applied on common thieves, not on powerful head of Qabiil)

 

From architecture point of view if you will ( or An-architecture in our case), the question that bounces back at you for your suggestion is, if we have to build a wholesome house, shouldn't all parts of the house be designed in a way that will complement each other? shouldn't they all conform to a standard upon which they will all aspects seamlessly fit?

 

As for your theory of gradual application, in a way I find it conflicting with your previously held stand ( Qowlul Qadeem) that we should stick with Quraan and Sunnah to the fullest without compromise, for which I have shifted my views of gradual change and preferred yours to my old view, its precisely the same argument that will accommodate a female head of state as a need based solution for the Ummah at these troubling times, if we indeed open the door to this gradual change theory, like science of genetics, no one will know where it will lead, its scary at best, we need either a past history of success following this method, or a detailed strategy of how it will happen, you know me, I am flexible, I don't have a permanent position on any issue, just a permanent search of Allah through the guidance of His prophet SAWS Sunnah.

 

 

Finally about your question on Maqaasidul Shariica on this issue?

 

You see Xiin walaal, Fiqhul Usuul and Maqaasidul Shariica are two complementary disciplines in Islamic Jurisprudence:

 

1. Fiqhul Usuul, deals with how things are. Its based on proofs ( addillah). In other words, the letter of the law.

 

2. Maqaasidul Shariica, deals with how things can be. Its based on what the lawmaker intended behind legislation. In other words, the Moral of The law

 

In the application of Sharia law, Maqasidul Sharia places the protection of the Sharia in the first priority level, one notch higher than the protection of life, as you have seen, if Sharia is in place human life, property and dignity can be protected, if its not, then we shall continue in the anarchy in Somalia.Ù therefore, in order to apply the sharia fully, as first priority, all necessary means must be considered, however, it should never be compromised expeditiously due to a passing need.

 

 

Akhi, Xiin, InshaAllah, my rebuttal of your views regarding the Riddah of the TFG, will begin with the Maqaasidul Sharica aspect of the problem at hand, which will put the issue in perspective, because, if we lose sight of that context of the discussion, no one will know where the goal posts are, hence the confusion.

 

 

I said all of the above with utmost respect to you and your opinion, let us be the change we want to see in our people, having a respectful and healthy dialogue is the first step.

 

Nur

[Laba-X]

Xiinow, in all fairness, you are an amazing character saaxib! howla aan is lahayn ayaad isku dhex qooshaysaa. Xukunkii baad diidantahay inuu gaalnima yahay markaasaad ku ordeysaa dowladii oo aad ku dabakh is leedahay. Markay gaalnimo meesha timaado, maxaa sababay weeye su’aashu? Maxaa keenay gaalnimada? Waa in loo noqdaa Xukunkii marka sow maaha!

 

In the beginning you started the thread on a clear, unambiguous road: we were discussing the Xukm as your title and responses detailed, but now that your thinking is imprecise, you’ve decided to jump to the application of the Xukm upon the TFG. The TFG will or will not be declared an apostate regime based on this Xukm we are discussing, right? and of course as well as many others. Refer to my other post for the application of this Xukm, but for now we are not yet done with the Xukm and this post shall continue discussing the Xukm before jumping to Al-Walaa wal Baraa.

 

 

Now try to comprehend the following:

 

Outlined below are the ways in which a ruler may commit the greater disbelief (Kufrul Akbar) that takes a person out of Islam (And I want you to pay attention here and understand this clearly):

 

• If the ruler who rules by other than the revelation of Allah challenges the legal obligation to rule by the Shari’ah then he is outside Islam. This is the meaning of what has been reported by at-tabari on the authority of Ibn Abbas, who said that there is no disagreement among the ulama about someone who challenges the legitimacy of Shari’ah: that this is a fundamental point about which everyone agrees; and that anyone who challenges a fundamental point of belief or even a secondary issue that all the ulama have agreed about or who denies any part of the revelation out of hand, is a disbeliever and is nopt part of this community.

 

• If such a ruler does not challenge the legitimacy of the Shari’ah, but believes that he rules by a better system of law than that which the Prophet observed, may Allah bless him and grant him peace; a system which in his opinion is more coherent and more suited to the needs of the people in the face of their challenging needs and circumstances, then there can be no doubt that he too is a disbeliever. He has formulated a rule that can never compete with that of Allah. There is no issue whatsoever whose answer is not contained in the text of the Qur’an and the Sunnah, either explicitly or implicitly; whether or not a person knows this is a different matter.

 

• If a ruler does not believe that what he has is better than the Shari’ah, but still thinks that it is at least equal to it, then he is like the others. This is disbelief that takes him out of the community, because it seeks to equate a creature with his Creator. This is also true of someone who believes that a ruler has a right to deviate from the Shari’ah in the way that the three types of rulers outlined above do.

 

• It is even worse still when a person stubbornly supports his own rule in opposition to that of Allah and His Messenger, may Allah bless him and grant him peace, aggrandizing it at the expense of the Shari’ah. This is what modern secular rulers do, whose recourse is to French, British and American law, or to whatever else they please to chose from non-Muslim systems. What could be greater disbelief than this? What could be more excessive than this in contradicting the declaration of faith, La ilaha illalaah.

 

• Finally, there is the disbelief of many of the chieftains of the tribes and the clans of the Bedouins and others like them who cling to the tales of their ancestors, to their habits and their traditions. These form a kind of inherited common law (is this not the Xeerbeegti that our Nomads use as law?) by which they rule themselves in preference to, and in spite of, the revealed law of Allah.

 

• Then there is the type of disbelief that does not take one out of the community, and which Ibn Abbas’ termed Kufr Duna Kufr. Thus, someone who is overcome by his own desires in a particular situation may act contrary to the Shari’ah, and yet still be aware that he is acting wrongly. He may later reproach himself for his error and failure to follow the guidance of Allah. Even though this action does not take him out of the community, it is still a very great sin, greater than fornication or drinking or theft. Allah has called this disbelief so it is more grave than other wrong actions which have not been described in this fashion. (Aala-Shaykh, Taxkiimul Qawaaniin, P 92)

 

Now, my friend, if you truly are a man of sincerity who is out to seek knowledge, as you seem to claim, mull over these words, and discernment of these plainly apparent concepts that have somehow become impenetrable will become manifest Insha-Allah.

[Abu-Salman]

Timely, concise yet comprehensive clarification by a competent Fiqhi (culminating with concrete and more general advises for all of us):

 

Fitna Of Takfiris & Their Evil Ideologies by Sheikh Muhammad Khaleefah (translated by brother Abdulrahman)

[Sherban Shabeel]

Laba,

 

So in other words every government in the world today is guilty of Kufru-l Akbar.

[xiinfaniin]

Nur wrote:

 

...the KHAWARIJ which you frequently refer to those you disagree with.

 

 

It appears you have resolved to cling on this term, and assign its usage to me. As I said many times I DO NOT use Khawaarij term against alshabaab. Alshabaab are armed takfeeri group, and that is the label that fits them the best. And I told you why, in another thread. So lets not add to this argument a new, an nacessary dimension.

 

Aslo,Nur, sidaad adigu rabto inaad wax u sheegto yeel, laakiin aakhirka waxaan kaa rabaa inaad mawqif cad ka istaagto mas aladda ah in dadka Alshabaab kasoo horjeedaa including TFG Gaalo yihiin, oo dhiigooddu bannaanyahay.

[Nur]

I take that back yaa akhi, I misquoted you, your frequent label for the Shabaab is indeed Takfeeri and deviant group, which may confuse your readers to think that TFG as the guided and Better Muslim faction in the conflict. So, for the sake of justice, put them on equal turf yaa akhi al xabiib

 

Waxaad qortay:

 

Aslo,Nur, sidaad adigu rabto inaad wax u sheegto yeel, laakiin aakhirka waxaan kaa rabaa inaad mawqif cad ka istaagto mas aladda ah in dadka Alshabaab kasoo horjeedaa including TFG Gaalo yihiin, oo dhiigooddu bannaanyahay.

 

 

Akhii al Xabiib, siduu Rasuulka Allah SAWS yidhi, Yaa Mucaadh, Waan ku jeclahayee, ha ka tagin inaad Salaad walba dabadeed tidhaah " Allow, igu gargaar, xasuustaada, mahad naqaaga iyo inaan sidii kugu habbooneyd aan kuu caabudo.

 

Waxaan ku leeyahay, Xiinow waan ku jeclahayee, Hawadaaada ha raacin, adduunna ha ka jecleysan aakhiro, Allahna jaceylkiisa ha ku baddalanin jaceyl kale, wax Allah noo dhaama ma jiro, hadaba, aan asaga wax walba oo qaali ah aan ka dooranno.

 

Markaan usoo laabto su'aashaada, qof walba oo ka soo horjeeda AS gaalo ma aha, ummad AS ka kheyr badan baa hortood fitno ka dhex dhacday, taasoo sabab u aheyd in dhexdooda ay soo galeen dad labada qoloba neceb, oo Munaafiqiin ah oo dab dagaal iyo colaad ka dhex dhaliyay dad walaalo ah.

 

Akhi al Xabiib, maanta, AS saf bey taagan yihiin, mabda'na wey ku taagan yihiin aan is beddelin, siduu doono haloo arkee, laakin kuwa ka soo horjeeda waxaan shaki leheyn iney isku shaandheysan yihiin, siduu Allah ku yidhi Quraanka: " Isku Mid Ma aha, Ahlu Kitaabka waxaa ka mid ah ummad, taagan habeenka intiisa badan ayagoo sajuudsan * Wexey aaminsanyihiin Allah iyo maalinka qiyaame, wexeyna faraan dadka waxa wanaagsan, wexeyna ka hor istaagaan waxa xun, wexeyna ku baratmaan kheyr walba, wexeyna ka mid yihiin saalixiinta *

 

Haddii uu Allah u qiray ummadihii naga horreyay qaarkood iney kheyr lahaayeen, waxaa dhab ah in ummadda Nabi Muxammad ayan kulligood baatil isku wada raaceynin, inkastoo ay fitnoyinka dad saalixiin ay maraka qaarkood lumin karaan.

 

Fitno ka weynna ma jirto, yaa xabiib, in aad u kaashato qowm Allah neceb sidii aad ula diriri laheyd qowm Allah jecel. Fitno waxaa noogu filan, in aan kheyr ka raadinno dad aan ayaga kheyr laheyn.

 

 

Nur

[Nur]

Akhi Xiin

 

Let us study the verse that you have used to prove that its not Major Kufr to rule by the revelation of Allah.

 

 

When we discuss issue this grave, its important that we not only narrate the Xukum of the Sheikh, because before him Ibn Cabbas has also said the same thing, but the difference is the Early Islamic State context in which Ibnul Cabbaas' interpretation of the verse was based and the current context of nation states that are not based on Islamic Khilafah and the supremacy of Allah's word.

 

Akhi, first and foremost:

 

1. The context in which the above verse with respect to :

 

A. The Historical Environment during the revelation of the verse is the following:

 

The Setting is Madina, early years when Jews and Muslims who share common past revelations lived together.

 

"O Messenger (Muhammad )! Let not those who hurry to fall into disbelief grieve you, of such who say: "We believe" with their mouths but their hearts have no faith. And of the Jews are men who listen much and eagerly to lies - listen to others who have not come to you. They change the words from their places; they say, "If you are given this, take it, but if you are not given this, then beware!" And whomsoever Allah wants to put in Al­Fitnah [error, because of his rejecting the Faith], you can do nothing for him against Allah. Those are the ones whose hearts Allah does not want to purify (from disbelief and hypocrisy); for them there is a disgrace in this world, and in the Hereafter a great torment.

 

B. The Occasion of the revelation

 

The verses were revealed according to the Hadeeth that was reported by Al Baraa Ibn Caazib in which a Jew with darkened face due to punishment of adultery passed by the Messenger of Allah SAWS, the Messenger asked him : " I Ask you in Allah's name, What is the judgement in your holy book about the punishment of adultery? for which the answered him, because you have asked in the name of Allah, so I have to tell you the truth, our holy book has the punishment of stoning to death for adulterer, but because our wealthy members commit a lot of that crime, we changed it for darkening the face in shame and lashing only."

 

 

C. The People that the verses addressed in the first place and the actions that the verse has condemned.

 

The Jews. who as the verses say they were Kaafiroon or disbelievers in Muahammds message although they believed in Allah SWT and the past prophets such as Abraham and Moses.

 

 

2. Definition of Xukum and Xaakim context.

 

The word Xaakim literally means "The one who makes judgement in a given matter or a dispute"

 

Thus a Xaakim can be one of the following:

 

1. The highest person in the state

2. A Minister ( Wazeer, Vizier)

3. A Judge

4. A Clerk.

5. A Counselor.

 

The context of the gravity of the Xukum can depend on the hierarchy of the Xaakim, and I will come to it later inshaaAllah.

 

Now, what we need to understand is the issue to be judged.

 

We ask ourselves; is the Xukum an issue that will adversely affect:

 

1. The faith (affecting the Dawa work and encouraging kufr)

2. Wealth and property (affecting distribution of wealth)

3. The Mind ( allowing alcohol and Qat to be consumed)

 

4. Family Allowing Zinaa and Fusuuq)

 

5. Life ( allowing unjust killing of innocent people)

 

Now, in light of the above , let us go back to the verses of the Holy Quraan in the same context.

 

 

44. Verily, We did send down the Taurat (Torah) [to Musa (Moses)], therein was guidance and light, by which the Prophets, who submitted themselves to Allah's Will, judged the Jews. And the rabbis and the priests [too judged the Jews by the Taurat (Torah) after those Prophets] for to them was entrusted the protection of Allah's Book, and they were witnesses thereto. Therefore fear not men but fear Me (O Jews) and sell not My Verses for a miserable price. And whosoever does not judge by what Allah has revealed, such are the Kafirun.

 

45. And We ordained therein for them: "Life for life , eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal." But if anyone remits the retaliation by way of charity, it shall be for him an expiation. And whosoever does not judge by that which Allah has revealed, such are the Zalimun

 

 

Allah SWT warned Muhammad SAWS from playing misinterpreting the verses:

 

but beware of them lest they turn you (O Muhammad ) far away from some of that which Allah has sent down to you. And if they turn away, then know that Allah's Will is to punish them for some sins of theirs. And truly, most of men are Fasiqun (rebellious and disobedient to Allah).

 

 

The Tawheed Context

 

We need to always keep TAWHEED CONTEXT of the issue in our minds. The Message of Prophet Muhammad SAWS that was opposed by Qureish, his own tribe revolved around TAWHEED CONTEXT. This TAWHEED CONTEXT OF Allah's SOVEREIGNTY was pioneered by Abraham May peace be upon him, the Great Patriarch of both JEWS, CHRISTIANS and MUSLIMS. Allah says in Quraan that this TAWHEED CONTEXT was meant as a road map to check if we are indeed on Allah's path or if we have diverged from it.

 

The three cousin faiths, Judaism, Christianity and Islam have this common word, the epitome of monotheism, the word of Allah, that "We should not worship other than Allah, and that we should not take some of us as Sovereigns over others instead of Allah"

 

It was in the context of Allah's SOVEREIGNTY that the Jewish Jurists decided to hide or deny knowingly the stoning punishment verdict of an adulterer who happened to belong to the wealthy Jewish class, which prompted the revelation of verses of Surah Al Maidah from that same context of Tawheed (Ultimate Sovereignty of Allah as a Law Giver)

 

From that background, we notice that in the early period, the Jews in Yathrib aka Medina, held the view that they were superior to the Polytheist Bedouins by virtue of their monotheist covenant with Allah to uphold the law of Allah which was given to Moses and hence, never to diverge from the path of Allah SWT.

 

As we know, verses in Surah Maidah were revealed to Muslims as a reminder and a clear warning that if they fail to uphold the Law of Allah like the Jews have done, or if they manipulate the administration of Allah's Law as a double standard (one standard for the poor, and the other for the influential that they will similarly be Kuffar like the Jews. The verses conclude that the crime of not ruling according to the Torah, earned the Jews in Madina the title of Kuffaar, not a baby kufr, but a Papa Kufr. Because Kufr is a function which operates on Jews, Christians and Muslims alike if they do the Kufr action. "Lam yakuni alladina kafaruu min ahlil kitaabi wal mushrikiina munfakiina xataa ta'tiyahumul Bayinah, Rasuuluun minal Allahi yatluu suxufan Mutaharah"

 

To see the connection between the actions of the Muslims today and the actions of the Jews in Madina, it does not take rocket science to note that if there is a legal precedent on a crime's ruling, then, naturally the same ruling will apply to a similar situations, unless we claim exceptionalism like the Jews, who claim to be the beloved and chosen people of Allah SWT and the Christians who claim to have been forgiven for all of their sins.

 

There is a stark similarity between the Jews of Madina during the revelation of these verses and today's " Muslims", both groups claim that their actions are not grave, and its only a minor sin and hence they will only check-in an stay in "Hell Motel" for a limited time, because only Major Kufr can make them dwell in hell forever, but the crime of not ruling according to Allah's revelations is not a major league KUFR, so they reasoned. What is a mockery to assume that the contempt of the Law is a minor violation like petty theft or ignoring a traffic signal?

 

The Prophet SAWS has warned this Ummah not to follow the straying steps of the Jews, who sold the spirit of the covenant of Allah in the form of Torah Law which was based on justice for all of humanity (Not only for the Jews as they claim) in exchange of immediate worldly gains. In his famous Hadeeth , The Messenger of Allah, Muhammad SAWS had forecasted that Muslims will follow the footsteps of the people of the book ( Jews and Christians), to the extent that that if they enter an alligator's hole ( as incredibly impossible it sounds), Muslims will follow them. From my observation, I may add, "Muslims" today, would beat them to that hole.

 

 

Again, to fathom the far reaching ramifications of the concept or CONTEXT of TAWHEED, Surah al maaidah, ties two components of the TAWHEED AL ULUHIYA intimately closer; The concept of Judicial / Legislative and the Allegiance to Allah's Law (Wilaayah). The reason of this intimate connection between the Judicial aspect of Tawheed and the Allegiance aspect of the TAWHEED which the Surah al Maidah has stressed in more than one way, is based on the premises that:

 

1. Allah is the ONLY ABSOLUTE SOVEREIGN whose dominion covers all of the seen and unseen universe.

 

2. The Laws of Allah, revealed to Moses, Jesus, and Muhammad, may peace be upon them, are representing Allah's Sovereignty.

 

3. The Law given to Moses, may peace be upon him was complemented with that given to Jesus, may peace be upon him. (its like a new enhanced version/release of the same software by the same manufacturer)

 

4. The law given to Jesus, may peace be upon him was replaced by the Law given to Muhammad SAWS. (here we have a major new release that is built on the basic components of the Abrahamic Monotheist Software

 

5. Executing Allah's law is a sign of surrender to Allah's SOVEREIGNTY. It is a serious business!

 

6. Rejecting Allah's law or modifying it for the sake of worldly gain, is similar to what the Jews have done according to Surah Al Maidah, and it is a sign of denial or a contempt of the law and the law maker, Allah SWT, or as the verses describe them: KAAFIROON, FAASIQOON, ZAALIMOON, meaning, major Kufr. Major FISQ, and MAJOR ZULM, No Injustice is greater than rejecting Allah's Law and replacing it with a human Law on matters of human life which is the very creation of Allah SWT.

 

7. "Muslims" who claim to believe in Allah's Sovereignty aka ( TAWHEED), and that Allah's Law aka Sharia, must be followed, SHOULD NOT TAKE THOSE WHO REJECT ALLAH's LAW as WALIYY, because they are criminals according to Allah's Law, and hence from Allah's perspective, their Wilayaah for them means aiding and abetting a criminal, which is as well a crime according to all Divine scriptures such as the Torah, Gospel and Holy Quraan.

 

 

The concept of Wilaayah states that:

 

1. Willayah of believers belongs to Allah alone

 

2. Those who have given wilaayah to Allah alone must have wilaayah between themselves.

 

3. Ruling according to Allah's Sharia is a form of worship and surrender to Allah, and the opposite is Kufr.

 

4. If any Somali public official with a mandate to govern fails to rule according to Sharia, rejects the supremacy of the Sharia or refuses a Sharia judgement against him/her, then, it follows that the public's Wilayah of that public official is permanently broken due to his/her blatant kufr. According to Sharia law, that person should be required to register as an agent to a foreign kufr entity, he should not be ashamed of going public with his/her beliefs since it is his/her choice.

 

Now, let us look into the Nature of the Wilayah Concept that is described in Surah Al Maidah, in which the New Converts and believers of Islam ( Jews, Christiana and Polytheists) were commanded not to take the Jews and Christians as their Waliyy due to the corrupted nature of their beliefs and for forsaking Allah's Laws or for forgery of its morals.

 

We first begin with following preambles:

 

2. Sovereignty of Allah is the basis of the issuance of the Sharia code.

 

This implies, that any law without a Sovereign backer is not a Law. So, either Allah is the Sovereign endorsing the Law of the His Land, or its the People who lay a claim on the Land, and thus Sovereignty ( in what is known as Democracy )

 

3. Sharia code is the basis of the Xukum of any situation Muslims find themselves in.

 

This implies that all issues and disputes should be referred to Sharia Law as it represents the Sovereign whose authority we have surrendered by Default at birth and by choice when we adopted Islam as a way of life.

 

4. The Xukumis the basis of validity or invalidity of any action

 

All actions or their absence are based on a particular Xukum that is either apparent or abstract which needs further substantiation.

 

5. If the action that was committed ( Not Ruling According to Allah's Revelation) refutes the very Judicial Xukum that the Ruler aka Xaakim was ordered to uphold and protectthen, it follows that the refutation of that given Xukum causes the infringement of the Sharia Code, which in turn causes the Sovereignty of Allah to be compromised.

 

7. That action of NOT RULING ACCORDING TO ALLAH'S REVELATION then becomes an action of Kufr, Not the minor Kufr, but in this context, it is the Major KUFR!

 

8. And the person who commits this action becomes a Kaafir. consequently, Kufr breaks The Divine Wilaayah bond between ruler and ruled according to Sharia Law.

 

9. Therefore, the person claiming to be the Ruler of Somalia has no Wilaayah if its shown that he did not willfully rule, even on a single instance according to Allah's revelation, and that is if we assume that he was not coerced , and that he ascended to power by virtue of Sharia law to have an authority over the public, because if the way he assumed power is not according to Sharia, then, the discussion needs to take a break and resolve that fact first. The question to ask here is " Did the "Transitional National Government" come to power by virtue of the Sharia Law, or by virtue of secular means and support?

 

10. Hence, in the above scenario, obedience to Allah conflicts with obedience to other than Allah, and it was reported that the Prophet SAWS said, "There is no obedience to a creature in the disobedience of Allah SWT"

 

 

B. Rejection of Sharia is a denial of the Glory of Allah ( Allahu Akbar)

 

The main objective of our creation is the worship of Allah SWT, of which recognizing His favors and appreciating His care ( Lateef) we hymn. Allah can be glorified and celebrated in many forms, both our words and actions should manifest His glory. It therefore follows that a rejection of Allah's ruling is a tantamount to contempt of Allah's Glory.Being in contempt of Allah is thus a major Kufr.

 

 

C. Munaafiqqin among Believers

 

1.Its well known that there will always be among the believers others who do not believe and who don't accept the Sharia as the Law of the Land. These people openly announce their allegiance to Islam but in private , they undermine its application, they are known as Munafiqin or Hypocrites. And because Nifaaq resides in the hearts, and that no one can see it except Allah.

Allah wanted the believers to know who the Munaafiqs among them are, because Iman and Nifaq are Intangibles in the heart, Only actions can manifest what is in a heart. And since believers can only know the Munafiqs through their actions,

Allah creates a situation of Fitna ( Litmus test) that will manifest true colors of test subjects. In these Fitna times, believers surrender to Allah Law and Xukum and take fellow believers as waliyy, while Munafiqs on the other hand reject Allah’s Law and Xukum, and take NONBELIEVERS as their Waliyy!

 

 

D. Composition of Iman of Ahlul Sunnah

 

 

1.Ahlul Sunnah are of the belief that iman is composed of belief and action

2.Iman is composed of Tasdeeq and Inqiyaad

3.Tasdeeq of the heart is for the revelation , like actions are for commandments

4.If there is no belief in the revelation, we say , there is no tasdeeq of the heart

5.If there is no inqiyaad of Jawaarix, we say, there is disobedience

6.Disobedience to Allah’s commandment manifests itself in two categories that differ in terms of their drivers and the duration.

7.If the motive lasts a short duration , and the driver is lust ( Sex), anger ( Murder) or greed ( Stealing), its usually a sin

8.If the motive is sustained over a longer period of time without remorse and repentance, and the driver is arrogance, or juxuud, it’s usually Kufr.

9.Rejecting to Rule according to Allah’s revelation can thus be of two categories:

a. A Borderline case of a Minor Kufr (aka Major Sin), in the case of Judge on the bench who rules according to his own desire ( Ahwaa) at a single case driven by an impulse or quick greed of kickback, or bribe,

b. A Major kufr in the case of Ruler who decrees a decree that is against the Sharia and then enforces it with orders to his police and soldiers, even if he claims to believe in the revelation of Allah.

10. Reference: Nisaa 60- 61, 65, .( Surah Nour 47-51)

 

 

E. Moral of the Law ( Maqaasidul Sharica)

 

1.The Maqased Al Shariica's highest level purpose is protection of the Deen.

 

2.Establishing the Sharia thus requires the highest level of protection, hence the highest deterrence.

 

3.Rejecting any part of the Sharia represents a contempt of the whole Deen ( Tuminoona bi bacdin wa takfuruuna bi bacdin).

 

4.Contempt of the whole deen represents Kufr. (Surah Muhammad in detail)

 

 

F. Al Maidah Verses about the violation of not Judging according to Allah's revelations.

 

1. The Order to Rule according to Allah’s revelations in Surah Al Maaida 49:

 

And so judge (you O Muhammad ) between them by what Allah has revealed and follow not their vain desires, but beware of them lest they turn you (O Muhammad ) far away from some of that which Allah has sent down to you.

 

2. Prohibition of seeking the Xukum of the unbelievers (Today aka Democracy) because there is no system of Xukum better than Allah’s Law Almaidah 50:

 

Do they then seek the judgement of (the Days of) Ignorance? And who is better in judgement than Allah for a people who have firm Faith.

3. Warning for compromising with any of Allah’s

 

4. Failure of ruling according to Allah;s xukum results in Kufr, Fisq and Zulm

 

Verily, We did send down the Taurat (Torah) [to Musa (Moses)], therein was guidance and light, by which the Prophets, who submitted themselves to Allah's Will, judged the Jews. And the rabbis and the priests [too judged the Jews by the Taurat (Torah) after those Prophets] for to them was entrusted the protection of Allah's Book ( Torah), and they were witnesses thereto. Therefore fear not men but fear Me (O Jews) and sell not My Verses for a miserable price. And whosoever does not judge by what Allah has revealed, such are the Kafirun.

 

The above verse was addressing the Jews, warning Muslims not to follow their ways, because if they sell Allah's verses in exchange of money or if they fail to judge according to the scripture for fear of men, then like the Jews before them, they will be Disbelievers in Allah.

 

 

5. Al Kufrul Asghar is the kufr of a nicmah, like killing between Muslims and a husband who sodomizes his wife, and both crimes are severe sins, because a sin that Allah referred as kufr, is a major sin. Legalizing the Xaraam, is an action of kufr, al akbar Maaidah, 41

 

 

Mawaanic Al Takfeer( Justifications of apostate).

 

a. Natural Justifications): Mental Challenge ( Disability) due to illness or age (too young/too old)

 

In this case, the person who said or acted with Kufr action is Muslim By Default, Fitra

 

 

b. Justifications by choice:

 

1. Ignorance: Depending on location, and content that he is ignorant, if he lives with Muslims and the subject is Tawheed related, he is apostate

If he does not live in predominantly Muslim country and the subject is Tawheed related, he is first educated and then if he doesn't accept he becomes apostate.

 

2. Error: Error in judgement means no intention, any action or statement of Kufr in error is does not make a Muslim apostate.

 

 

3. Scholarly Interpretation ( Taaweel)

 

In this case, a scholar who uttered a kufr statement with the wrong interpretation can not be declared apostate, unless he rejects clear proofs.

 

4. Fear/ Force/Torture: Actions or statements said under duress do not make a Muslim apostate

 

 

Conclusion:

 

 

Apostasy ( Takfeer) in Islam can be declared with proofs against a:

 

1. Person: as we have discussed above (Takffeer al mucayan)

 

2. Group: If the given Muslim group does not protest against the Kufr situation (in the form of not applying Sharia, or by taking those who hate Islam as allies ) or if they take no action in changing the kufr being committed in their midst by any member of the group, even though some complacent members may not agree with the Kufr being committed in their name, they collectively become Kuffar from the outset.

 

If a given "Muslim" group commits what the kuffar have committed in Surah Al Maaidah that earned them the kufr name, it follows that they are like the kuffar according to the verse (Innakum idan mithluhum), although each person's individual case will be judged separately according to the singular conditions that govern declaring a specific person to be a kaafir as clarified above.

 

 

Wallaahu Aclam

 

Nur

 

2010 eNuri Caqeedah Vigils

When You Kneel Down For Allah Alone,

You Stand up against any Challenge!

[xiinfaniin]

^^Good. Now we are heading the right direction.

 

Go on Nur.

[Nur]

Akhi Xiin

 

I have just added some draft ( not a finished work yet) , so bear with me, InshAllah, I will clean it up and complete all of my thoughts on this topic since I have no time in my hands these days, and the topic is irresistibly red hot!)

 

 

Nur

[xiinfaniin]

Nur, quick reminder: don’t allow the breadth of the subject to drift you away from the target points. For this to be beneficial, please try to narrow the parameter of the discussion. I have read your revised post, and I already spotted areas of disagreement, not on the verdict of the question I posed [for that remains to be arrived], but with how you wish to frame the discussion. I will expound on that insha Allah, when you done your work