who has legitimacy to implement Islamic law?

[Fabregas]

In a failed state such as SOmalia?

[Nur]

B G

 

Before we answer the big question of this thread, an examination of your terms may faciliate understanding the question of "legitimacy".

 

 

State of Failure or a Failed State?

 

 

State of Failure is quite different from a Failing State!

 

State of Failure is serious, its when humans, individually fail to worship their maker, ascribe partners to their maker, or go about their daily lives in manifest contempt to their maker's eternal sovereign laws.

 

On the other hand, A failed State, ( modern nation state), like Somalia is a collective failure of people to agree on a single form of governance system, worldly that is, in which basic services and security is provided by a competent government to its constituency.

 

Now, applying the above definitions to Somalia, we ask ourselves.

 

1. Are Somalis in a State of Failure?

 

To answer this question, we ask another question: "have Somali individuals failed their covenant with their maker?". Sate of failure is an individual measure of failure, its the only metric that Allah will judge mankind in the day of judgement. That day, Somalis or Ethiopians will not have a clearly demarcated gates to enter paradise or hell, to each individual will be his/ her beliefs, actions and results that will spell their final state in which success and failure will be measured according to Allah's yardstic, not human. There will be no nationalism, tribalism nor political parties.

 

2. Is Somalia a failed Nation?

 

Well, collectively, it is, thanks to the "International Community", IGAD, UN, USA and Ethiopia, to have destroyed the Islamic Courts Union, who briefly provided governance not seen over a decade, and to this day, the "international Community, Palau included" is maintaining the chaos in Somalia with the force of illegal occupation of Ethiopian Troops.

 

The Ethiopian occupation force's mandate to occupy Somalia is a franchise license of the Bush Doctrine of Pre-emptive strike at one's enemies before they are strong enough to attack them. In other words, this illegal pretext which is not recognized by the United Nations is what is keeping Ethiopian troops in Somalia. Because Ethiopia is an American Ally in the phony war on

"Terrror" (aka Islam), the UN which is run by salaried employees whose salaries are paid mostly by the US with borrowed foreign Sovereign Funds, soon to dry up, can not stomach to stand up for justice by calling a spade a spade.

 

The anlogy of this awkward political situation Somalia finds itself in, is that of a rapist who broke into a house, got into one of the rooms and raped a woman, and the family is being asked by its neighbors to negotiate with this rapist ( who they sympathize with). The rapist is asking 5 more hours to rape the woman as he is having good time, and some of the family members think it's wise and acceptable offer instead of endangering the woman and the family further if they engage the rapist and make his sympatizers angry.

 

So, this begs another question, was Somalia's classification as failed State an internal drive, external drive, or a hybrid?

 

Clearly it was hybrid, in my opinion, it was external motives that drove and exploited internal weakness to dismantle, divide and destroy the Somali people's capacity for self governance.

 

The external players have not reached their objectives as of yet. Internally, more reshuffling is going on, between allies as well between adversaries, the final formation for a modern governance will greatly depend on the choice of the people of Somalia, who if left alone to self correct their internal dispute, may regain the semblance of self governing similar to that of 2006 when the courts have empowered the public to rule their neigborhoods and to kick the CIA funded warlords out.

 

That state of Self Governance calls for the end of intervention from US and Ethiopia, short of that, I do not foresee that a version of peace painted on a western influenced canvas to be attractive to war weary Somalis.

 

 

Now, who has the legitimacy to implement Islamic Law in Somalia?

 

Not the mobs for sure!

 

That leaves the stage for two more competing groups in Somalia's political landcsape.

 

1. Secular Politicians

 

2. Islamists

 

 

The first group is against the Islamic Law altogether, they prefer man made laws, and western codes. So they are disqualified.

 

 

The Second group, all agree on the importance of the implemetation of the Islamic Law, but they differ on interpretation.

 

 

Solution:

 

Creation of The Highest Academy Of Somali Islamic Scholars. ( HASIS)

 

Such an Academy does not exist today, but it would be the only viable alternative to implement the Islamic Law in Somalia.

 

So, I kindly ask all eNuri readers to seriously work for the creation of this Academy. Please communicate this need to your local Imaams, Sheikhs and Caaqils, knowing that there is already a functioning Somali Scholars Organization ( Alhamdulillah), but what is needed is a specialized Scholars Academy for the Implementation of the Islamic Law in Somalia and the issuance of fatwa. The central requirement for eligibility for its membership should be the unwavering desire to Serve Allah with Ikhlas, by upholding Justice in the land.

 

We need the Islamic Scholars to guide the legislative aspect of Somali Self Governance. Without such an organization, no peace will prevail in Somalia as everyone will interpret the law from their own narrow point of view.

 

 

Nur

[Fabregas]

Nur, I can remember where it was, but I read that hudood laws, like offensive Jihad, can't be implemented when there is a loss of authority/an Islamic Ruler. Could you please elaborate on this.

[Nur]

Brother Geeljire

 

Jihad in itself is not a goal in Islamic Theology, its only a mean to a higher goal.

 

This mean or tool, is for aligning human activitoes to Devine directions, and historically from the time of prophet David to our presnet time, Jihad remains the only tool available to believers at their respective times, be they Jews, Christians or Muslims.

 

I have never heard of "Offensive Jihad", but Jihad has many stages, Jihad which literally means Struggle can manifest itself in many forms:

 

1. Jihad ( Struggle) withe the inner self ( soul) to surrender to Allah's will against temptations.

 

2. Jihad with Family and friends; to influence them to follow Allah's and Sunnah commandments.

 

3. Jihad with the Clan or Tribe, to correct their priorities, so that they support the Islamic solution of Somalia's problem

 

4. Jihad to free Somalis from foreign occupation.

 

5. Jihad to free all humanity from the Injustice of other human injustices.

 

I think this last jihad is what you referred as offensive.

 

When we say Jihad we do not neccessarily mean armed jihad, Jihad can be in teaching and reaching, influencing, writing articles and any form that will result in a positive outcome for Islam.

 

Apart from Somali people's resistance against Ethiopian and Ugandan mercenary boccupation forces, I find waging any offensive war against any non-Muslim nation to spread Islam as wrong, even if they are active doing to us with a pretext of spreading "Democracy". the 21 Pagan Religion.

 

Why shouldn't we do the same offensive war against them to spread Islam?

 

The answer is simple, the world today is too close for such medieval wars, the toll on civilian casualties is un-Islamic, and unwarranted, as you have noticed, even with the Justified resistance war in Somalia, the Ethiopians and their Somali warlord allys have killed hundreds of thousands.

 

I firmly believe that once Somalia is freed fro the ethiopian Domination, that Somalia shall live peacefully with its neighbors, it should mind its business, its plate is full, and never allow to be dragged to adventures.

 

 

Nur

[Fabregas]

@Nur, I know the classic definition of JIHAD, which relates to a number of struggles, spritually and phsyically, and individually or collectively.

 

 

Offensive Jihad is a term used to describe what you correctly referred to as, "freeing humanity", as the companion told Rustum, the persian emperor.

[Nur]

Brother GeelJire

 

That type of Jihad can only be sanctioned by a Caliphate. Still, my personal opinion is that the make up of the modern world today is no longer JIhad-friendly to this type of Jihad.

 

Unless, the UN resolves to a ban on all fire arms and explossives,( please read eNuri ISTUNKA AFGOYE article ) a Jihad of this type will cost a lot of human lives, and property, which beats the very purpose for which Jihad was ordained in the first place, which was to sustain lives, spread justice and peace on earth, hence the Moral of the Islamic Sharia ( Law) vehemently opposes this undesirable result.

 

 

Nur

[jamaal7777]

Very interesting dear brothers.

 

So is there an order to all these jihads say for instance you can not wage jihad no 5 if you have not already won jihad no 1.

 

Or more apllicable to our situation would then be no jihad 4 if 1,2,3 have not been achieved or atleast the means to their achievement.

 

Say for example the achievement of jihad no 1 is dependent on religious freedom and of no 2 and 3 will then be dependent on freedoms of speech and association and so on.

 

Or is it different

[Fabregas]

Nur, I also believe Somalis shouldn't provoke any powers or seek any ventures with her neighbours. I hope these dudes share your moderate view:

 

http://hiiraan.com/news/2008/Nov/wararka_maanta23- 5127.htm

 

Jamal, could clarify your question bro; or Nur is your man

[jamaal7777]

Brother B G

 

I also believe that people should not be provoking others. But especially so when you are the weaker one. No man should relly entirely on the good will of others and it is very important that people build themselves upright and strong.

 

When someone provokes others and they know themselves to be the weaker ones the are obviously not relying on their own ability to defend themselves if the other party should be less virtues than themselves. So in my opinion they are either relying on the international community to feel sorry for them and intervene on such grounds as national sovereignty, first strikes are illegal, un-proportional retaliation which do not apply in this world anymore. Or they are relying on Devine intervention.

 

My question regarding jihad was very similar in that is it not a requirement that one first tries to get to strength in iiman, in body and in skills or knowledge before one can think of anything else. This would then be jihad no 1 i presume. Or if the conditions that would enable the accomplishment of jihad no 1 are the ones being obstructed forcefully then you may have the right to jihad 1.

 

In short if one was to forbid you to increase your iiman by force thereby refusing you the right to practice your religion then you would have a reason to wage jihad no 5 provided of course it is in your land/country. If not you should then have the right to leave freely i guess.

 

 

I don’t know brother but it seems to me that many are calling for jihad when obviously it is their own bad choices that cause them misery on earth.

[Fabregas]

Nur, what do you think of the professors points and the destruction of sufi shrines?

 

Imposition of Islamic law in Somalia questioned - 20 Dec 08

http://uk.youtube.com/watch?v=5Lk-XRtN1KU

[Nur]

Abu Diaby bro.

 

Regardless of the Professors remarks, I think that its an unfortunate side kick against the Islamic movement in Somalia, the dirty games seem to have gained momentum after the Ethiopians failed the military option.

 

I pray that Allah exposes the hands behind this untimely events and nullifies the effects of the deception shrouding the Sufi Shrines.

 

 

Nur

[Muriidi]

someone who knows his limits .. stays in his jurisdiction .. and fears the realm of Allah ..