Monday, August 4, 2014

Khalifat vs Imamate



Khalifat al Insaaniyya

Allah SWT says in the Qur’an: 

2:30. Behold, thy Lord said to the angels: "I will create
A vicegerent on earth." They said:
"Wilt Thou place therein one who will make
Mischief therein and shed blood?—
Whilst we do celebrate Thy praises
And glorify Thy holy (name)?"
He said: "I know what ye know not."
31. And He taught Adam the nature
Of all things; then He placed them
Before the angels, and said: "Tell Me
The nature of these if ye are right."
32. They said: "Glory to Thee: of knowledge
We have none, save what Thou
Hast taught us: in truth it is Thou
Who art perfect in knowledge and wisdom."

33. He said: "O Adam! tell them
Their natures." When he had told them,
God said: "Did I not tell you
That I know the secrets of heaven
And earth, and I know what ye reveal
And what ye conceal?"

34. And behold, We said to the angels:
"Bow down to Adam: "and they bowed down:
Not so Iblīs: he refused and was haughty:
He was of those who reject Faith.


35. We said: "O Adam! dwell thou
And thy wife in the Garden;
And eat of the bountiful things therein
As (where and when) ye will; but approach not this tree,
Or ye run into harm and transgression."


36. Then did Satan make them slip
From the (Garden), and get them out
Of the state (of felicity) in which
They had been. We said:
"Get ye down, all (ye people),
With enmity between yourselves.
On earth will be your dwelling-place
And your means of livelihood—
For a time."


Thus began our relationship with this earth.  Our Earth was created by Allah SWT and he has the ultimate dominion and control over this world. It is His.  In Western belief, the earth belongs to mankind.  We can do with it what we want, but in Islam, Allah makes it clear it is HIS! 


2:255. God! There is no god But He,—the Living,
The Self-subsisting, Eternal.  No slumber can seize Him
Nor sleep. His are all things In the heavens and on earth.
Who is there can intercede In His presence except
As He permitteth? He knoweth What (appeareth to His creatures
As) Before or After Or Behind them.
Nor shall they compass Aught of His knowledge
Except as He willeth. His Throne doth extend
Over the heavens And the earth, and He feeleth
No fatigue in guarding, And preserving them
For He is the Most High, The Supreme (in glory).

Allah (SWT) also says:

2:168. O ye people!
Eat of what is on earth,
Lawful and good;
And do not follow
The footsteps of the Evil One,
For he is to you
An avowed enemy.

Therefore, Allah makes it clear from this ayat, that while we are permitted to take our sustainance from the earth, but we must also observe limits.  We do not have a blank check, we do not have carte blanche.

41:9. Say: Is it that ye Deny Him Who created
The earth in two Days? And do ye join equals
With Him? He is The Lord of (all) The Worlds.

10. He set on the (earth), Mountains standing firm,
High above it, And bestowed blessings on
The earth, and measured therein All things to give them
Nourishment in due proportion, In four Days, in accordance
With (the needs of) Those who seek (sustenance).

11. Moreover He comprehended In His design the sky,
And it had been (as) smoke: He said to it
And to the earth: "Come ye together, Willingly or unwillingly."
They said: "We do come (Together), in willing obedience."

12. So he completed them As seven firmaments
In two Days, and He Assigned to each heaven
Its duty and command. And We adorned The lower heaven
With lights, and (provided it) With guard. Such Is the Decree of (Him)
The Exalted in Might, Full of knowledge.

The creation of this beautiful earth, so filled with bounties, is a thing of amazement.  How we take it for granted!  The fact that it is mostly water, and because of that we have this beautiful blue sky.  And we have mountains, and minerals and valleys and farms.  It is all a thing of amazement.  Subhanah Allah!.

21:30. Do not the Unbelievers see That the heavens and the earth
Were joined together (as one Unit of Creation), before We clove them asunder?
We made from water Every living thing. Will they Not then believe?

31. And We have set on the earth Mountains standing firm,
Lest it should shake with them, And We have made therein
Broad highways (between mountains)
For them to pass through: That they may receive guidance


And lest we forget, we are ourselves created from this very Earth. 

30:20. Among His Signs is this, That He created you
From dust; and then,— Behold, ye are men
Scattered (far and wide)!

With these verses of the Qur’an, Allah informs humanity that He (Allah SWT) is the vested owner of all that is in the heavens and the earth, and all in between and any right or interest a human has in property is contingent upon that ultimate divine ownership. 

The concept of dual ownership [human being-God] is one of the special
features of the Islamic doctrine of economics.  Islam protects and endorses
the personal right to own what one may freely gain, though legitimate
means … . It is a sacred right.  Yet human ownership is tempered by the
understanding that everything, in the last analysis, belongs to God… .
What appears to be ownership is in fact a matter of trusteeship, whereby we
have temporary authority to handle and benefit from property.  [1]

The Islamic concept of property ownership in Islam is therefore quite different from that of English or American Common Law.  Under American law, there are two forms of ownership of land, private ownership and state ownership, and a private owner’s use and enjoyment of the land is only tempered by compelling state interests in the protection of the health and safety of other members of society.  However, in Islam, we find five basic forms; commonage held by all humanity and administered by the state (afraq), state owned property (hima or miri), charitable trust property (waqf), communally or jointly owned property (shuyuu) and individual private ownership (mulk). 
All of these forms of ownership are tempered by both the rights of others and the rights or huquq of Allah – the ultimate owner.

The point is that mankind may have rights to this earth and all that is upon it, but those rights are not unlimited.  We have to consider the rights of others and the rights of Allah.

These rights, Huquq al-Allah and Huquq an-Insaan, have a direct bearing on the nature of the office given to Man by Allah, the Khalifah fi al Ard.

Khalifah fi al Ard

As we have noted previously, the term khalifah implies successorship, coming after another.  We are the successors to the Malaaikah upon the Earth.  So what was the role of the Malaaikah?  Did they just abide here, or did they have some form of responsibility here or duties they carried out upon the Earth? 

We have noted before that this ayat does not seem to directly imply Amirate or rule.  Allah SWT is the ruler of the Heavens and the Earth and all in between. The Malaaikah were not rulers on Earth either.  Instead, they acted as agents of Allah SWT, doing His bidding, and serving Him.  They were responsible for carrying out His commands. 

97:4. Therein descend The Malaaikah and the Ruh By God's permission,
On every command (min kulli amrin)

The Malaaikah are not Amirs, instead they carry out “kulli amrin.” 

As their successors, humanity also has a responsibility towards the Earth.  We will collectively be held accountable for our treatment of her. 

We are collectively charged as trustees with the care of the earth, the property of Allah.  And we will be held to account for how we treated that trust property.

  39:68. The Trumpet will Be sounded, when all
That are in the heavens And on earth will swoon,
Except such as it will Please God (to exempt).
Then will a second one Be sounded, when, behold,
They will be standing And looking on!

69. And the Earth will shine With the glory of its Lord:
The Record (of Deeds) Will be placed (open);
The prophets and the witnesses Will be brought forward;
And a just decision Pronounced between them;
And they will not Be wronged (in the least).

Thus, our Earth will be present on that day when we are all judged and she will testify against us, collectively.

al-Zilzalat

1 When Earth is shaken with her (final) earthquake
2 And Earth yieldeth up her burdens,
3 And man saith: What aileth her ?
4 That day she will relate her chronicles,
5 Because thy Lord inspireth her.
6 That day mankind will issue forth in scattered groups to be shown their deeds.
7 And whoso doeth good an atom's weight will see it then,
8 And whoso doeth ill an atom's weight will see it then.


 39:70. And to every soul will be
Paid in full (the fruit)
Of its deeds; and (God)
Knoweth best all that
They do.



We are, in fact, trustees of the earth and we have a responsibility to maintain the property on behalf of the trustor – the One who made us the trustees, Allah (SWT). 

Under Western law, a trustee that does not properly maintain a property can be charged with waste and be held liable for any loss of value of the property.  The same applies under Shariah law to trustees who are charged with maintaining the property of orphans, for example.


2:220. (Their bearings) on This life and the Hereafter.
They ask thee Concerning orphans.
Say: "The best thing to do Is what is for their good;
If ye mix Their affairs with yours,
They are your brethren; But God knows
The man who means mischief From the man who means good.
And if God had wished, He could have put you
Into difficulties: He is indeed Exalted in Power, Wise.



So in understanding the nature of Human Khalifate, we understand that it was bestowed upon us by Allah.  However, while term khalifah might imply succession, it does not imply succession of Allah’s dominion.  Allah SWT has Qadaa wa Qadar – Dominion and Control.  We are instead, successors to the Malaaikah as the ones responsible for acting as agents of Allah, His servants, and as trustees of Allah’s property, the Earth.

7:128. Said Moses to his people:
"Pray for help from God, And (wait) in patience and
constancy: For the earth is God's, To give as a heritage
To such of His servants As He pleaseth; and the end
Is (best) for the righteous.


Khalifat vs Waliyyu l’Amr

In his discussion of the difference between the Islamic economic system and the Capitalist and Communists systems, Sayed Muhammad Baqir al Sadr also notes that khalifat is collective. (Iqtisaduna Vol. II, English Trans. P. 54).  It belongs to all Mankind, and is not the province of an individual.  However, his translators at least, seem to equate the term with Waliyyu l’Amr, a term we shall endeavor to define shortly, Inshaa llah. 

As humans, we are individuals, but we are also social.  We require society to survive.  This is born out by science.  Feral children, raised in isolation, if not socialized at the appropriate age, will die.  Moreover, solitary confinement in prisons has been shown to lead to insanity.  The resulting depression and insanity can lead to death.  Anthropologists have a saying, “A lone ape is a dead ape.”  We are by necessity, social.

So what is the essence of being human?  When we think of the tasawwur of al-Insaan, what comes to mind?  What is our natural state, our essence?  Are we individuals who happen to form social groups or are we by our very essence, social?  Clearly Islam assumes we are individuals, capable of individual action and responsibility.  Over and over, Allah SWT tells us in the Qur’an we are each, as individuals, responsible for our own souls.  And no one can bear the burden of another.  Moreover, many acts are individually obligatory, the Fard al Ain.  Prayers, fasting, Hajj, etc may have communal components, but each person is obliged to perform these acts of Ibadaah.

Islam also recognizes our social collective nature.  We worship in jama’a.  We do all of our acts of Ibadah communally, including Hajj.  Each act of worship in Islam has individual and collective components that speak to the full human being.  Moreover, we have certain duties that are Fard al Kifayyah – collective responsibilities.  Islam does not make each person responsible for these acts, only the whole community, but if no one is performing them, then the responsibility becomes individual.  An example is knowledge of inheritance law.  Not everyone needs to know it, but if it were in danger of being lost, everyone would be responsible for it, until such a time as someone came forward and assumed that responsibility.

So is khalifat related to our natural individual aspect or our social aspect?  Are we each individually Khalifah?  Is khalifat Islamically a Fard al Ain?  If so, what would that responsibility be?

If khalifat meant rule or authority over the Earth, then we would be the successor to the one who originally ruled and had authority – Allah SWT.  Istaghfirullah.  This is patently false.

7:128. Said Moses to his people:
"Pray for help from God, And (wait) in patience and
constancy: For the earth is God's, To give as a heritage
To such of His servants As He pleaseth; and the end
Is (best) for the righteous.

Moreover, if khalifat was about waliyyu l’amr or rule, there would be a shariah or law which we, as rulers, would enforce.   However, the laws governing the Earth, the natural laws, are only enforceable and actually enforced by Allah SWT.  We do not enforce gravity, physics, chemistry, geology etc.  We may discover these laws, but we are in no way in authority to enforce them.

Shariah or Divine Legislation and its human understanding, fiqh, are the only laws enforceable by man.  And these laws only touch human society. 

So khalifat is not rule by humanity over the Earth.  What then, is it?  What were the Malaaikah doing here?  We learned before they were serving Allah SWT unquestioningly.  Allah SWT says, “ I have not created men and jinn except to worship me.”  The Arabic term implies not only worship, but servitude – Uboodiyah.  We were made successors upon this Earth to serve Allah and treat the Earth and its inhabitants as Allah orders us to do so. 

Allah SWT tells us we should not waste; we should not hoard or prevent others from obtaining their needs.  This applies to all living things, not just people.  We all know the hadith about the woman who locked her cat in a closet and refused it food, as well as the one about a prostitute who gave water to a thirsty dog.  No matter what your opinion regarding the authenticity of these reports, no one can deny that we have not only reciprocal human responsibility but also responsibility toward all Creation because we are human and the most honored of all creatures by Allah SWT. 

Our khalifat is collective and it is a collective responsibility to treat all of Creation as Allah would treat it.  To be just to all living things, and even to inanimate creation, is our duty.  That is the true nature of khalifat.  Not rule and command over Creation, but trusteeship and stewardship as servants of Allah SWT.

Waliyyu l’Amr

So, what then is Waliyyu l’amr?  As we noted above, it is tied to our social aspect.  Command can only be through Law, and since natural laws are enforced by Allah SWT, then for humans, the only law that we have the ability to enforce is social law.  In Islam, our social law is sourced in the revelation provided by Allah SWT.  He is the Divine Legislator and Shariah is the Divine Legislation.  Mankind then, is tasked with understanding that law in Fiqh, and enforcing it in Qadaa. 

The Qur’an tells us to obey Allah and His Messenger, and those empowered with Amr from among you.  Those who have been empowered with Waliyyu l’amr are those who have been empowered with understanding, deriving from the sources and enforcing the fiqh.  These included the Ulema’ and the Qadis, the mujtahids of this deen. 

However, we must emphasize that this Waliyyu is not just commanding (amr) but Waliyyu.  What is a Waliyy?  A Waliyy is not just in a position of authority over another.  He is in a position of protection and responsibility for another.  He is a sincere advisor, seeking the best interest of the other.  He is a fiduciary.  Like the director of a corporation, he has a duty to look out for the one over which he has authority.  And his authority is not autocratic. 

The above position best describes the role of our Ulema’ and Qadis.  They are charged with looking out for the best interest of humanity given the guidance of the Qur’an and the Sunnah as to what that best interest is.  For Allah SWT knows best what is best for His Creation. 

Political Authority

However, it would be wrong to assume this Waliyyu l’amr is the same as political authority.  As we said, those carrying out this Wilayat are fiduciaries. Like a director of a corporation, they are responsible for looking out for the interests of the owners.  Who is the owner then? 

In order to understand who the owner is in this case, we must understand the nature of the property owned.  If we were talking about Creation or the Earth, the owner is Allah SWT.  And He already has appointed a trustee over this property – humanity collectively.  So when Allah SWT refers to obeying Allah and His Messenger and those who are given responsibility for carrying out the commands of Allah and His Messenger, He is calling on us to individually obey Allah and His Messenger and what they have commanded, as well as to obey those who are entrusted with carrying out those commands. 

We note first that each individual is charged with this obedience.  It is a Fard al Ain.  It is not a collective duty.  We are each charged with what?  Obeying the Shariah – the Divine Legislation.  The commands of Allah and His Messenger comprise the Shariah.  As we noted, the human understanding of this Shariah is Fiqh.  Those who are Waliyyu l’amr are the humans who apply their understanding and derive Fiqh, the mujtahids and fuqaha. 

So this Waliyyu l’amr is not political authority, but the authority to derive fiqh, and advise the Ummah as to the commands of Allah SWT and His Messenger. 

That is all well and good, but who are these mujtahids and fuqaha?  How to we know they know what they are doing?  Who chooses them to be on the Board of Directors?

Ah, here we find out who the owners are, and of what?  These Waliyyu l’amr are advisors to the society of Muslims, the Ummah.  Although the obligation to obey is individual, the fiduciaries advise all of us individuals, they advise society as a whole. 

This is also borne out by the fact that Shariah has two branches; fiqh al ibadaat and fiqh al mu’amaalat.  Ibadaat regulates our individual relationship with Allah.  Although our ibadaat is often congregational and communal, it is designed to address to whole human being, and humans need social interaction.  But ibadaat is not by its nature social.  It is the mu’amalaat that address human society.  Although mu’amaalat regulates individual action as well, it is designed to create a just society where no one impinges upon the rights of others.  It then, creates a society that is capable of elevating mankind as a whole, not just as an individual. 

So the corporation for which the fiduciary fuquha form the Board of Directors, is human society, or more specifically, the Ummah.  And the shareholders, the owners, are the individual Muslims. 

Wilayat al Ummah

So our corporation is the Ummah of Islam and its shareholders are individual Muslims.  So who chooses the Board of Directors?  As with any corporate entity, it must be the shareholders.  And it is this power of the shareholders to elect their Directors which we refer to as political power. 

Elsewhere we have discussed Wilayat al Ummah and Shura Islamic Democracy.  But briefly, governance in Islam is in the hands of the individual Muslims, who agree through Shura Consensus on who should have authority over them.  It is the Ummah that reaches consensus on the qualifications of its mujtahids and fuqaha.  It does so based on the command to obey Allah SWT and His Messenger SAW.  Thus it bases its decisions on the guidance of the Qur’an and Sunnah. 

We are all Ahl al Sunnah.  The Umayyads and their Mu’tazilah theorists based decision on concept that wahy is subservient to reason and so reason alone can derive fiqh.  They are the Ahl al Rayy – the people of human opinion.  But we today, Hanifiyya, Zaydi, Maliki, Shari’I, Hanbali, Ikhwani, Salafi, Ja’afari; all follow the Qur’an and the Sunnah.  We may have different minaahij for deriving fiqh, but we all recognize the source of Shariah as the wahy contained in the Qur’an and Sunnah, and that wahy is not subservient to reason.  [2]
Despite the differences (iktilaf) we have in fiqh, we are all able to reach consensus on the Sources of Shariah, and that we require minaahij to understand the Shariah.  We have consensus that opinion alone, despite being based in reason, is not a legitimate way to derive fiqh, and so any one who uses this method would not be qualified for our Board of Directors.  We have reached consensus that our mujtahids and fuquha must have knowledge and must have a minhaj for deriving fiqh that is based in the Qur’an and Sunnah. 

The Directors must base their decisions on dalil or evidence, and not simply opinion.  We may not agree on the result, but with dalil we are able to see the faqih’s steps at arriving at a decision and thereby make up our own minds.  Since we are individually tasked with obeying Allah and His Messenger, this provision of evidence, dalil, is critical in order to satisfy our own due diligence.  After all, ijtehad is due diligence, and as fiduciaries, our fuqaha must exercise it.  And we require it to assure our own minds of the validity of the rulings of fiqh these fuqaha derive. 

So the Ummah is responsible for Wilayat – governance by being responsible for choosing those who are Waliyyu l’amr. 

But, governance is not all legislation and regulation.  What about enforcement?  We are each charged with obeying, but reality is we do not always do so.  So who enforces the law?  And who determines who does so?

Imamate

Enforcement.  It is not a pleasant word to many.  Would not it be wonderful if we could live in a world where everyone really cared about everyone else and we all kept the interests of others in mind and did not act in conflict to the rights of others?  Maybe in the next life, but this Hayyat al Duniya is different.  There are those who either due to weakness in controlling their ego and selfish tendencies, or due to actual desire to harm, insist on disobeying the laws Allah SWT has provided to create a just society.  They disobey Him and break the social contract with us. 

Allah SWT has stated in the Qur’an that He will punish wrongdoers in this life and the next.  He is fully capable of enforcing His own laws, His Huquq Allah.  He needs no one to do it for Him. However, He has also made provision in His Qur’an for addressing the fact that wrongdoers also break the social contract with us, and so He has made provision for enforcement of the rights of man – Huquq al Insaan.  And He has given us guidance for the punishment of crimes that involve the rights of Allah and of man. 

Allah SWT has revealed the Hadd punishments for serious felony crimes such as hirabah, theft, adultery and fornication, slander, and murder.  He has also given us guidance as to how to judge crimes with more discretionary punishments, through the record of the judgments of the Prophet and of Ali ibn Abi Talib.  Through the practice of the Prophet SAW, we also learn how to appoint Qadis, police officials, zakat collectors, and governors; all forms of enforcement officials.
Through the Sunnah, we also learn about how to appoint amirs or leaders.  These leaders form the project directors and teams leaders who will deal with implementing the law and ensuring that the Ummah achieves the objectives (maqaasid) of the Shariah. 

So continuing our analogy with a corporation, our Ummah needs a CEO: Our Imam.  This is Imamate.  And like the Board of Directors, he must be chosen through consensus by the Ummah.  I can find no ayat of the Qur’an or authentic Sunnah that supports the Imam being of any particular race, group or tribe.  All evidence from the hadith is far to biased to be authentic.  Sunnis claim only Quraish, but not the Bani Abdul Muttalib, and Ithna Ashari claim only descendants of Imam Hussein.  Zaydis, however, have claimed that it can be anyone of the descendants of Hassan or Hussein, as long as they call the people to action and striving in the way of Allah, and in the establishment of a true Islamic Society under Shariah.  I am not convinced that hereditary rule of any kind is called for by Islam.  Although other Prophets were followed as Imams by their descendents, and Ibrahim prayed for such, the Qur’an also reminds us that Muhammad is not the father of any man among you.  He is the khatma al anbiyya.  He has no successors in wahy or nubuwwah. 

So what about Imamate?  No where in the Qur’an or Sunnah is the Prophet SAW called Imam.  He is Nabi’, Rasul, Mustapha, but not Imam.  So to understand Imamate, we must look to Ibrahim.  He asks to be Imam, and also asks Allah SWT to make his sons Imams.  Allah agrees, but only if those sons are righteous.  Imamate depends on the quality of the person, not heredity. 

So does Allah SWT appoint Imams? Or are they chosen by the Ummah they stand before?  Historically, Allah SWT does not appoint, but He makes Imams.  He grants these men the character and abilities that would qualify them to be the best Imam for that time, place and people.  Then, it is up to that Ummah to freely choose that Imam as their Imam.  Such was Imam Ali ibn Abi Talib and Imam Hussein. 

Leaving aside for the time being the issue of the other Amir al Mu’mineen, after the death of Uthman RAA, the community gathered in Madina.  Representative from all over the Muslim world were present and they agreed by shura consensus that Ali ibn Abi Talib should be their Amir al Mu’mineen. 

Let us take a moment to look at these two terms, Amir al Mu’mineen and Imam.  Going back to our corporate analogy, we note that a CEO is often President of the Board as well.  He is the Chief Executive Officer, in other words the chief enforcement officer of the law, but he is also the head of the fiduciary body, responsible advising and guiding our Ummah.

 His role as Amir al Mu’mineen may be easier to characterize and define.  He is there to provide leadership in emergencies, to direct us in times of crisis, to oversee enforcement, to ensure our Ummah achieves its goals and objectives. 

His role as Imam may be harder to capture.  He bears the ultimate responsibility for guidance, and the ultimate responsibility for amr bi al ma’ruf wa nahi anni al munkar.  Not through dictatorial means as some might assume, but through being a role model and a shaheed, a witness. 

We have spoken of the meaning of shaheed elsewhere, and we noted it means witness.  It does not imply martyrdom, but committing your whole self to the cause of Allah in such as way to be a living Qur’an, a living witness to the truth it contains and of Allah’s knowledge of what we have the potential as humans to be. 

2:30 "Wilt Thou place therein one who will make
Mischief therein and shed blood?—
Whilst we do celebrate Thy praises
And glorify Thy holy (name)?"
He said: "I know what ye know not."

While we, who have free will, have the potential to make mischief and shed blood, we also have the potential to freely celebrate His praises, and glorify His name – not out of instinct or habit, but out of free will and love.





[1] Siraj Sait and Hilary Lim, Land, Law and Islam: Property and Human Rights in the Muslim World, (Zed Books, London 2006) 1. (quoting Abdul Rauf 1984:19). See also Sayed Muhammad Baqir Al-Sadr, Iqtisaduna, Vol II, English Trans. Pp. 49-52. 
[2] Elsewhere we have discussed the epistemological status of wahy as one of the three forms of knowledge; acquired, intuitive/innate, and revealed.

Saturday, August 2, 2014

THE REAL ISLAMIC STATE: WILAYAT AL UMMAH




2:30 And when thy Lord said unto the angels: Lo! I am about to place a khalifah in the earth, they said: Wilt thou place therein one who will do harm therein and will shed blood, while we, we hymn Thy praise and sanctify Thee ? He said: Surely I know that which ye know not.


The word, khalifah, comes from the Arabic root, kh-l-f, which means to follow, to come after, to succeed.  From this root we get words like khalaf (successors), and khalfahum (follow them).  In this ayat in Surah al Baqara, Allah SWT uses to term for mankind.  Even though the first human He creates is an individual, Adam AS, in this ayat Allah SWT uses the term to refer to all of humanity, not an individual.  This is born out by the words of the Malaikah.  They ask “Wilt thou place therein one who will do harm therein and will shed blood.”  Adam did not shed blood, but his progeny did. 

So the first thing we should understand from this ayat is that the term khalifah does not apply to an individual, but to all of humanity.  But what is the nature of this khalifah?  What is it for humanity to be khalifah? 

As we noted, linguistically the term means follower or successor.  In fact, some have interpreted the term, as used in this ayat, to means successor.  Successor to who?  Allah SWT?  Other translations are “vicegerent” or “viceroy.”

Perhaps we can more fully understand the use of this term by looking at the next ayaat in the surah.  In the next ayat, Allah SWT teaches Adam the names.  He gives mankind the ability to name, to distinguish forms and essences of things.  In this way, we are able to understand and gain both acquired knowledge and innate knowledge – through perception and the operation of the mind.  Later on Allah SWT grants mankind wahy, revealed knowledge, to enable us to obtain moral certainty. 

Then, after He teaches Adam the names and tells him to relate them to the Malaikah, He SWT orders the Malaikah to bow to Adam.  So have we become successor to Allah in terms of worship by the rest of creation?  Surely this is not the case.  Whether willingly or unwillingly, all Creation prostrates before its Lord. (13:15)

The important words are “jaa ‘ilun fi al Ard” make in the Earth – “khalifatun”.  He has already created mankind.  He created us and gathered us all together before Him and asked us, “Am I not your Lord?” and we said, “balaa” – of course. (7:172) 

So now Allah SWT is putting use in a position.  He is making us khalifatun fi al Ard.  Here again, we note that the Malaikah speak and ask if Allah SWT is going to put one there who will do mischief and shed blood.

So we must ask, where the Malaikah on Earth first?  Yes, they were.  So are we succeeding them?  Yes, we are. 

So this term khalifah refers to our coming after the Malaikah on this Earth.  It is the next ayaat that show the role of mankind on this Earth.  We are given the knowledge of the names – the ability to distinguish forms and essences, to have innate intuitive knowledge of logic and mathematics, as well as to have acquired knowledge through perception.

Because of the attributes with which Allah SWT has bless us, Allah has honored us by ordering the Malaikah to bow to Adam.  “Wa laqad karramna Bani Adam. (17:70).

Many have interpreted our khalifat to be vicegerent – protector of this world, responsible for its maintenance.  Certainly, we have a duty to protect the Earth.  On Yawm al Qiyyamah, the Earth will be brought forward and she will be asked how we treated her.  (See Surah Zilzaal).  But in this instance, the term as used in Surah Al Baqara seems to refer to a successor to the Malaikah upon the Earth. 

Since Allah SWT is the Lord of the Heavens and the Earth, this successor-ship does not appear to imply any form of authority or rule.  This is also clear in considering the role of the Malaikah.  They do the bidding of Allah SWT.  They are His faithful servants, going about at His command.  So if we are their successors, we too should be his faithful, obedient servants. 

The Malaikah are concerned, however.  They know we have free will.  So we might disobey, something they are unable to do.  We could bring mischief and shed blood.  But Allah SWT knows something they do not.  He knows we are also capable of obedience and service, and amazingly, we can do this freely, without any compulsion – out of love of Allah alone. 

So the term khalifah refers to a successor to the Malaikah upon the Earth, who will be Allah’s faithful servants, obedient to Him out of freewill and love.

Clearly, this term does not refer to any particular individual and it does not refer to some office of authority.  So how did it get such a connotation?

Origins of Khalifat

After the death of Rasul Allah SAW, our community sought a leader.  Leaving aside a recounting of the history of that period, and the debates over who should have been chosen, let us concentrate on the office of leadership.  Abu Bakr was the first to assume the temporal leadership of the nascent Ummah.  In this case, according the Arabic language, he might have been called “khalifah,” the one who succeeds – the successor.  He followed the Prophet SAW in temporal leadership.  No one succeeded him in Prophethood.  He was the khatma al anbiyyah. 

But were our early leaders actually called khalif?  After Abu Bakr came Umar.  So what was he called?  He was not actually called khalif, but Amir al Mu’minin.  And we know that Ali ibn Abi Talib was also called Amir al Mu’minin.  So the early leaders did not call themselves khalif.  They called themselves Amir al Mu’minin. 
This term khalif did not really come into usage until the era of hereditary rule – the Umayyad and Abbasid periods.  However, now we might ask is this form of government Islamically acceptable?

Allah SWT orders us to govern our affairs through shura consensus.

3:159 It was by the mercy of Allah that thou wast lenient with them (O Muhammad), for if thou hadst been stern and fierce of heart they would have dispersed from round about thee. So pardon them and ask forgiveness for them and consult with them upon the conduct of affairs. And when thou art resolved, then put thy trust in Allah. Lo! Allah loveth those who put their trust (in Him).

The Prophet SAW used this method in two well known incidents – the going out to Uhud, and the division of the spoils after the Battle of Hunain.  From these incidents, we learn that shura is not just consultation, but consensus.  And consensus is NOT ijma.  Ijma in unanimity, as the root j-m-a implies.  Shura means to consult the people and seek a decision that all the people can live with.  They might prefer another course, but all can at least go along with the chosen course of action. 

Shura is like mediation, it is crafted and each person participating has a stake in the resulting action.  Like mediation, people prefer to do what they have agreed to do, freely.  No one likes a thing forced upon them.  Like mediation, an agreed upon course of action is more likely to be enthusiastically put into practice.

Hereditary rule, however, is dictatorial.  No matter how “nobel” the ruler, he is a dictator, and the people are forced to do what he says.

Islam, however, is not dictatorial.  In the above ayat, we find the seeds of wilayat al ummah.  For after the death of Rasul Allah, we, the Ummah of Muhammad succeed him as the witness and role model for all mankind

3:110 Ye are the best community that hath been raised up for mankind. Ye enjoin right conduct and forbid indecency; and ye believe in Allah. And if the People of the Scripture had believed it had been better for them. Some of them are believers; but most of them are evil-livers.

2:143. Thus have We made of you An Ummat justly balanced,
That ye might be witnesses Over the nations,
And the Apostle a witness  Over yourselves;
And We appointed the Qibla To which thou wast used,
Only to test those who followed The Apostle from those
Who would turn on their heels (From the Faith). Indeed it was
(A change) momentous, except To those guided by God.
And never would God Make your faith of no effect.
For God is to all people Most surely full of kindness,
Most Merciful.
Thus, the Ummah assumes the Wilayat after Rasul Allah SAW, and is to serve as a witness unto mankind to the truth sent down by Allah SWT through His Rasul, Muhammad SAW.  We serve as shaheeds by putting our faith into practice and being living role models, just as he SAW served as a role model and witness for us.

Such an Ummah, tasked with serving as the most just society and role model for governance to all mankind, could never conduct its affairs in a manner that is unjust and oppressive.  It could never be a dictatorship.  It must be one of consensus.  This is what is means to be an Ummah Wasitan.

Imamate

So does this mean we are leaderless?  Obviously even such an Ummah, based on consensus, must have a facilitator who guides the consensus process and who leads during emergencies.  However, such a person must also be chosen by consensus.  He must emerge from the community itself, and be one who is most desirous to serve it and its people. 

2:124. And remember that Abraham Was tried by his Lord
With certain Commands, Which he fulfilled:
He said: "I will make thee An Imām to Mankind."
He pleaded: "And also (Imāms) from my offspring!"
He answered: "But My Promise Is not within the reach
Of evil-doers."

Ibrahim was tried by Allah with the command to sacrifice his son.  He fulfilled these commands.  And Allah SWT substituted the ram for Ismael.  We remember these events on the Hajj and at Eid al Adha every year.  For his obedience, Allah SWT made Ibrahim AS Imam to all mankind (nas).  Ibrahim then asks Allah SWT to also make his offspring to be Imams, but Allah SWT gives a condition – they must be just, and not dhalimun.

From this we learn a lot about Imamate.  The Imam must be one who is foremost obedient to Allah SWT, and puts Allah SWT before all else.  He must be willing to give up everything for Allah, including that which he hold most dear.  This might be his own life or in the case of Ibrahim, his son.  This ayat also teaches us that the Imam cannot be unjust, a dhalim. 

21:73. And We made them Imams, guiding (men) by
Our Command, and We Sent them inspiration
To do good deeds, To establish regular prayers,
And to practice regular charity; And they constantly served
Us (and Us only).

Here, we see the Imam guides people, is inspired by Allah SWT to do good deeds, and is one who establishes salat and practices zakat, and who constantly serves only Allah SWT.
Linguistically, the term “imam” means ‘in front.”  We call the one who leads the prayers, “Imam as-Salat.”  We call the one who leads a masjid, “Imam al-Masjid.”  But notice we do not call such a person “al Fawq.”  He is not the “on top.”  He is the first among equals. 

The picture of an Imam al Ummah that emerges from the Qur’an is one who serves Allah SWT, who is the best role model for the people, who acts as a true shaheed – a witness over us and if necessary, he is willing to give all fi sabilillah. 

Such a person could never be a dhalim, could never be a dictator.  He could only be one who is loved by the Ummah because he loves them for the sake of Allah SWT.

Such were men like Ali ibn Abi Talib, and Hussein ibn Ali.  Such were men like Malik ibn Anas, Shafi’I, Abu Haneefa, Ahmed ibn Hanbal, Zaid ibn Ali ibn Hussein ibn Ali.  We call them Imams because they were.  They stood up to tyrants and condemned oppression.  Some were beaten, some jailed and tortured, some killed.  All gave their lives as living witnesses to the truth of Islam. 

Khalifat vs Imamate

These days, we have someone who is claiming to be khalif of an Islamic state.  In examining the claims of Abu Bakr al-Baghdadi and his Dawlat al Islami, we see only the hate-filled oppression of a dhalim.  Not only has it been stated by Edward Snowden (may Allah SWT guide him to Islam) that al-Baghdadi was trained by the Mossad and CIA, but his doctrines match up almost word for word with the Islamiphobic ranting of Daniel Pipes and Steven Emerson.  The so-called ISIS has attached Christians in Iraq claiming that they either have to convert or pay jizyah.  This call for jizyah is exactly what Emerson and company have been scaring Christians with here in the United States.

Now the ISIS is calling for female circumcision.  This is an East African practice, pre-Islamic in nature, with no precedent in Islamic law.  Many of my fellow Muslims may not have even heard of such a thing.  No hadith mentions it.  It has no support in the Qur’an or Sunnah.  So where did the ISIS get it from?  Obviously, their Mossad and CIA handlers.  Such a call can only be to denigrate Islam. 

The so-called Dawlat al Islami and it self-proclaimed Khalif are nothing more than enemies of Islam spouting rhetoric written by Zionist hatemongers. 

Moreover, no call for Khalifat is legitimate.  As we have seen, khalifat is not governance of the Muslims.  It is a bida’a.  A oppressive innovation begun by people who sought to become hereditary rulers and dictators over the Arab people. 

True Sunnah governance in Islam is Shura Consensus Democracy - Wilayat al Ummah, with Imamate of an Imam, who emerges and is chosen through consensus by the people.




Friday, August 1, 2014

GAZA: THE SLAVE REBELLION



ALLAH HAS ALWAYS PROHIBITED KILLING

5:28. "If thou dost stretch thy hand Against me, to slay me,
It is not for me to stretch My hand against thee
To slay thee: for I do fear God, the Cherisher of the Worlds.

5:32 For that cause We decreed for the Children of Israel that whosoever killeth a human being for other than manslaughter or corruption in the earth, it shall be as if he had killed all mankind, and whoso saveth the life of one, it shall be as if he had saved the life of all mankind. Our messengers came unto them of old with clear proofs (of Allah's Sovereignty), but afterwards lo! many of them became prodigals in the earth.

Allah SWT has consistently prohibited killing.  Unless He has permitted it for the punishment of a Hadd crime, such as murder or hirabah, it is a most grievous sin. 

What we note in this ayat is that Allah SWT decreed this to the Bani Israel.  It applies to Muslims as well.  This is borne out by the reference in the following verses, ayaat 33 and 34, to the Islamic punishment for hirabah.  Although there are some, especially on Wiki Islam, who say otherwise; we wonder who is behind their clearly biased and distorted interpretation.

Edward Snowden, may Allah SWT guide him to Islam, has revealed that the Dawlat al Islami and other such violent groups were trained by the Mossad and the CIA.  This does not surprise me.  I have long held this, given the fact that the preachings of these groups do nothing but paint Islam as violent, and benefit only the enemies of Islam in their efforts to paint us as violent.  In fact, the rantings of the Islamiphobes track exactly with the published rantings of such groups.  It is as if the authors are the same.  Now Snowden has revealed that they are.  (http://www.globalresearch.ca/isis-leader-abu-bakr-al-baghdadi-trained-by-israeli-mossad-nsa-documents-reveal/5391593;  http://defence.pk/threads/%E2%80%9Cisis%E2%80%9D-leader-abu-bakr-al-baghdadi-trained-by-israeli-mossad-snowden-documents-reveal.326559/;  )

I warn all of our youth to beware of agents in our midst who are preaching these distorted views of Islam. 

Given this, we must understand that Allah SWT has given us permission to fight.

Al- Hajj: 22:39 Permission is given to fight for those who have been wronged; and Allah is indeed Able to give them victory;

40 Those who have been driven from their homes unjustly only because they said: Our Lord is Allah - For had it not been for Allah's repelling some men by means of others, cloisters and churches and oratories and mosques, wherein the name of Allah is oft mentioned, would assuredly have been pulled down. Verily Allah helpeth one who helpeth Him. Lo! Allah is Strong, Almighty –

We should understand that we are only given this permission when we are unjustly attacked “only because we say Allah is our Lord.”  In other words, only for our religious beliefs.   If they come for our land, give it to them – it belongs to Allah anyway, not to any one people or nation.  When Abdul Muttalib was faced by the invasion of Abraha, he left Makkah saying the Kaa’abah would be protected by the One whose House it was – Allah SWT.  And Allah SWT did protect it. 

So if we fight for land or rule over a land or riches or glory, we might get what we want, but we will not get the Pleasure of Allah.  War is forbidden to us, only qatl fi sabillillah – fighting in the Way of Allah – fighting injustice and suppression of religious freedom. 

There is no doubt such suppression of religious freedom is occurring in Jerusalem.  Muslims are not free to pray there.  Even Christians are not free to worship in their holy places.  Houses of worship have been attacked during prayers and even the Church of the Nativity has been attacked. 

Now, Gaza is under siege.  The siege is not new really.  Gaza has been blockaded, bombed, and besieged for years now.  We remember valiant attempts to break the blockade just a few years ago. 

Some like to paint the struggle in Palestine as a religious issue.  It is not.  The Israeli Zionist government is not religious. It was founded on godless socialism.  None of its founders were religious.  Moreover, the State of Israel has discriminated against practicing Hasidic Jews, Sephardic Jews, Yemeni Jews, Indian Jews and Ethiopian Jews.  Israel is a racist state, promoting white supremacy.  Jews who are not Western European and Yiddish speaking do not have the same rights.  And Israeli Arabs (not the residents of Palestine, but the Arabs resident within the borders of the State of Israel itself) have the least rights. 

Then there are the “migrant” workers – the legions of near slave workers brought in to Israel from Palestinian territory to do all the menial dirty jobs.  They are sometimes forced to stay overnight in warehouses, or worse; locked up with inadequate access to food, and the bare necessities of life.  Moreover, they are subjugated to degrading treatment, warrant-less searches, sniper attacks within their own homes during frequent curfews, and unconscionable murder of children. ( See Human Rights Watch for numerous reports on Israeli attacks on civilian populations:  http://www.hrw.org/middle-eastn-africa/israel-palestine  ).

The population of Gaza constitutes one of these pools of near-slave workers.  The bombings are just Israel’s way of disciplining uppity slaves.  Like Pharaoh before, the State of Israel is a godless despot, a parasite upon the people of the earth.

Recently some have resurrected old myths about Israel and its right to the land in Palestine.  They recall the alleged fatwa of the Mufti of Jerusalem.  A great Jewish author, the late Simha Flapan, in his book, The Birth of Israel: Myths and Realities (1987) debunked this myth almost 30 years ago.  An interesting discussion of the ebb and flow of historical mythmaking can be found here http://www.foreignaffairs.com/articles/54220/l-carl-brown/state-of-grace-rethinking-israel-s-founding-myths  .

Even if the Mufti had issues such a fatwa to leave, what does that mean?  Clearly the ones who bring up this myth know little of Islam.  Such a fatwa would only be binding on those who follow the madhdhab of the Mufti, and would not be binding on adherents of other madhdhaahib or the Shia or Christians.  Furthermore, fleeing violence does not constitute abandonment of property.  If it did, the Jews would have no claim to property confiscated after they left their homes in Germany.  Moreover, not everyone left – so obviously the land would still belong to the people who remained. 

For those of you who like to paint this as a Muslim – Jewish thing, remember many Arabs are Christian.  The population of Beth Laham for example is Christian Arab.  That population works as slave-workers in nearby settlements overlooking the birthplace of Jesus (AS).  They live in an Apartheid-like world, where a simple trip to a town a mile away can take hours because Arabs may only travel on certain roads and must cross numerous check points. 

In the West we have a saying, “if you eat crackers in bed, you will have to lie in them.”  The godless Socialist Zionists started this hell.  They attacked the British, hijacked the first planes, sent out the Stern Gang and Irgun to destroy Palestinian villages.  They could have tried to talk to the Arabs before WWI; the Arabs have never denied the right of people of Jewish origin to return to the Middle East.  But they never even tried. 

However, too much water lies under the bridge for us to point fingers and lay blame.  Everyone is soaked in blood at this point.  But, continued human rights abuses by the State of Israel will not solve the problem.  Only serious dialogue will.  And Israel has never been serious. 

Over my 53 years of life I have seen many occasions where we came so close to peace, and every time Israel has done something to destroy the peace.  The last time we came so very close, Sharon took 200 troops up the Temple Mount to the Al Aqsa Mosque.  How was that a gesture of good will and peace? 

The West benefits from war in Palestine.  And Israel, as our proxy, is there to ensure that peace will never be possible.  As long as Palestine festers, the West will be able to control the Middle East, or so it thinks. 


Sunday, June 22, 2014

Our Masaajid



بسم الله الرحمن الرحيم



All praises are due to Allah.  We praise Him and seek His help, and ask for His forgiveness.  We seek refuge in Allah from the evil in our own souls and from our sinful deeds.  Whoever Allah guides, no one can mislead, and whoever Allah misguides, no one can guide.  I bear witness that there is no one worthy of worship except Allah.  He is one, having no partner.  And I bear witness that Muhammad is His servant and messenger. 

O believers, have taqwa of Allah according to His right and die not except as Muslims.  O mankind, have taqwa of your Lord, the One who created you from a single soul, and from it He created his mate, and from them both, He spread many men and women.  And fear Allah from who you demand your mutual rights, and do not cut off familial ties.  Surely, Allah is ever an all-watcher over you. 
O believers, have taqwa of Allah and always speak the truth.  He will direct you to do righteous deeds and will forgive you your sins.  And whosoever obey Allah and His messenger has indeed achieved a great achievement. 

To Proceed:


Allah SWT says in the Qur’an a;-Hakim

24:35 Allah is the Light of the heavens and the earth. The similitude of His light is as a niche wherein is a lamp. The lamp is in a glass. The glass is as it were a shining star. (This lamp is) kindled from a blessed tree, an olive neither of the East nor of the West, whose oil would almost glow forth (of itself) though no fire touched it. Light upon light. Allah guideth unto His light whom He will. And Allah speaketh to mankind in allegories, for Allah is Knower of all things.
36 (This light is found) in houses which Allah hath allowed to be exalted and that His name shall be remembered therein. Therein do offer praise to Him at morn and evening.
37 Men whom neither merchandise nor sale beguileth from remembrance of Allah and constancy in prayer and paying to the poor their due; who fear a day when hearts and eyeballs will be overturned;
38 That Allah may reward them with the best of what they did, and increase reward for them of His bounty. Allah giveth blessings without stint to whom He will.

Buyut Allah, the Houses of Allah.

Our masaajid are Buyut Allah, the Houses of Allah.  They are the niches from which shine the light of Allah unto the world. Any person wishing to offer praises and thanks to Allah SWT for that light, comes to these buyut as a Guest of Allah.  No person who wishes to offer Allah praises should ever feel afraid, or attacked, or put on the defensive, or bullied in the House of Allah. These niches of light are the one place where those of us who have surrendered to Allah, who understand that there is no one worthy of worship other than Allah, should find sanctuary. Any one who comes to a masjid to worship Allah should find khushoo, not dread and loathing. 

However, too often today, we find in these Houses, fitnah and strife, aggressive behavior and bullying.  We find this for two reasons.  The first reason is historical and reflects the spread and development of this deen.  The second reason stems from our own lack of taqwa and surrender to our Lord, Allah SWT. 

Allah SWT says in the Qur’an al Hakim


2:197. For Ḥajj Are the months well known. If any one undertakes
That duty therein, Let there be no obscenity, Nor wickedness,
Nor wrangling In the Ḥajj. And whatever good
Ye do, (be sure) God knoweth it. And take a provision
(With you) for the journey, But the best of provisions Is taqwa.
So fear Me, O ye that are wise.

In this ayat, Allah SWT reminds us that we should not engage in any obscene, nasty, argumentative, or disruptive behavior on Hajj.  Have you ever considered why Allah SWT warns us against such behavior on Hajj?  After all, a Muslim should always have the best of conduct.  We should always avoid fitnah.

Brothers and Sisters, our deen spread very quickly.  Very quickly.  It spread from Morocco in the West to China in the East faster than any other ideology.  It is still spreading, but the initial spread was phenomenally fast. You may not appreciate this because of all the technological advances we enjoy today.  But consider that our deen spread before the internet, Twitter, TV, and radio – even snail mail. 

We know that Islam did not spread by the sword.  Empires may do so, but Islam did not.  But it did not spread by the scholars either.  Really! Our scholars remained in Medina, Damascus, Baghdad, Cordoba and Nishapur.  They did not spread it; we did -  by traveling to them. 

Our deen spread through the travels of people like you, traveling on business, on family visits, on Hajj.  While traveling, people sat in on the lectures of scholars, or observed the prayers and ibaadaat of people of knowledge.  These humble souls returned home to every far flung village, mountain hamlet, and remote outpost of humanity.  Your ancestor who went to Makkah one thousand years ago taught you what you know today of deen. 

Some of you may laugh at such things, this acquisition of deen by urf or custom.  You may think that such people are ignorant simpletons.  Brothers and Sisters, those ancestors who traveled and learned what they could wherever they could, were pious, sincere Muslims.  They appreciated every drop of honey they could acquire. And many of us have lovingly preserved and treasured that drop of honey. We view this deen as precious.

Today however, we are swimming in honey.  Many of you do not appreciate all the resources you have of books, internet, videos, audio, the like of which has never been available before this time.  Even when I came to this deen nearly thirty years ago, all I could find was a translation of the Qur’an, the first book of Fiqh as-Sunnah, and Halal wa Haram fi Islam.  For ten years, I found little else, and then books of Hadith became available, then other texts. 

Those humble ancestors of ours took advantage of every resource they could find.  Are you?  Reading one text or watching a video or listening to a talk does not make you knowledgeable.  Ilm is understanding, not just the accumulation of information.  A parrot can accumulate words and spit them back out.  Are you truly a person who seeks knowledge or are you a parrot?

A brother once told me he had a gift.  He was able to notice when people made mistakes in salat and then he corrected them.  I asked him if this was really a gift or a test.  The Prophet reminded us to cover the faults of others, to assume the best of them. He got upset.  What about all the people he confronted?  Did he help them or harm them?

The Prophet (PBUH) said, “Allah will cover up on the Day of Judgment the faults of the one who covers up the faults of the others in this world”. 

The Prophet taught us that even sins should not be exposed.  Allah is the one who will expose them, if we do not repent.  When the man confessed to zina, the Prophet, at first, turned away, and then asked him if he might not be mistaken.  In short, he did everything to prevent a sin from being exposed.  

Messenger of Allah (PBUH) said, “Every one of my followers will be forgiven except those who expose (openly) their wrongdoings. An example of this is that of a man who commits a sin at night which Allah has covered for him, and in the morning, he would say (to people): “I committed such and such sin last night,’ while Allah had kept it a secret. During the night Allah has covered it up but in the morning he tears up the cover provided by Allah Himself.”
[Al-Bukhari and Muslim].


Moreover, even when a sin is exposed, the person should be treated with dignity and respect, not ridicule and arrogance.

A man who had drunk wine was brought to the Prophet (PBUH) and he asked us to beat him; some struck him with their hands, some with their garments (making a whip) and some with their sandals. Some of the people said: “May Allah disgrace you!” He (the Prophet (PBUH)) said, “Do not say so. Do not help the devil against him”.
[Al-Bukhari].


If this is true of one who commits a sin, what about a person who simply makes a mistake? 
One time in Masjid Dar al Hijrah, a man noticed a brother praying differently.  In his wisdom and good manners, he approached the brother in a friendly way.  He had never seen the brother before, so he asked his name and struck up a casual conversation.  He discovered the brother was a young man who had been interested in Islam, and had read some books and seen some videos, and he was now interested in trying it out.  Because of the first brother’s friendly and loving approach, that young man took the shahada that night.
 What if he had met the brother with the “gift?” 
Brothers and Sisters, we have caused people to leave this deen, both new converts and those born into Muslim families, because of our intolerant, arrogant actions toward them.  Women have had clothing thrown at them, have been screamed at, and accosted.  Men have been screamed at and confronted.  I was once yelled at by a man because I wore shoes into the hammam to make wudoo.  In the masjid I had been attending, the wudoo was separate from the bathrooms, so we wore shoes to make wudoo, but had shib shib available for entering the bathrooms.  This new masjid had a different set up.  Instead of explaining the set up to a new face in a friendly manner, with out so much as a “as-salaam alaikum,” he screamed at me.  Is this how we greet one another in Bait Allah?

8: 34. But what plea have they
That God should not punish
Them, when they keep out
(Men) from the Sacred Mosque—
And they are not the Friends of Allah?
No one is a Friend of Allah Except the righteous; but most
Of them do not understand.


Allah will punish those who hindered people from worship of Allah in His Sacred House in Makkah.  The only ones who might have the right to determine the affairs of the Houses of Allah are those who are Friends of Allah, not His enemies.  And the Friends of Allah are none but the muttaquon, those who have taqwa of Allah, and who have fully grasped the most trustworthy handhold.  These are those with the best understanding of Islam, and who have the best adaab or manners.  They are those who follow the example of the Prophet in giving the message to others, and discussing any errors we might make.  They do so with love, and with the best approach, just as he, SAW, did with the beduin who urinated in the mosque.  The Prophet understood that the man was a beduin and was not used to buildings.  The man had walked away from the group and went behind a pillar.  He was actually trying to be respectful.  The Prophet understood this and so he calmly explained etiquette to the man.  He did not raise his voice, or embarrass him.  He was not confrontational or aggressive.  He was loving, friendly, and welcoming.

But many who confront others claim to be commanding the good and prohibiting evil.  Aren’t we, as Muslims, suppose to do so?

8:29. O ye who believe!
If ye have taqwa of Allah
He will grant you a Criterion, a Furqan
(To judge between right and wrong),
Remove from you (all) evil
(That may afflict) you,
And forgive you:
For God is the Lord
Of grace unbounded.

What is this furqan, this criterion that aids in our understanding and removes evil from us? 


Allah SWT says,

3:110. Ye are the best
Of Peoples, evolved
For mankind,
Enjoining what is right,
Forbidding what is wrong,
And believing in God.
If only the People of the Book
Had faith, it were best
For them: among them
Are some who have faith,
But most of them
Are perverted transgressors.



Here Allah SWT tells us that the reason we are the best Ummah to emerge from among humanity is because we enjoin the ma’aruf and prohibit the munkar.  Many misunderstand this phrase and due to their misunderstanding, they create a negative, tense and fearful environment in our masaajid.

Amr bi al Ma’ruf or commanding the ma’ruf and Nahi anni al Munkar or prohibiting what is munkar refers to morality.

Amr bi al Ma’ruf wa Nahi anni al Munkar

We know that all human beings are born with a fitrah and that this fitrah provides a basic understanding of right and wrong.  The Mu’tazillah argued that all the proscriptions of deen could be derived through reason.  Although they acknowledged that the Qur’an was revelation, wahy from Allah, they held that all of its guidance could be derived through logic and human reason – aql. 

We should note here that, this being the case, the Mu’tazillah supported those who felt that Ray or human opinion, based on logic and reason, was sufficient to determine Fiqh or understanding of the law.  The Mu’tazillah and their supporters among the Umayyads were not Ahl al Sunnah, People who follow revelation – the Qur’an or “Sunnah of Allah”, and the Sunnah of Rasul Allah.  They were Ahl al Ray or the People of Opinion. 

All of our school of fiqh today are Sunni – they are derived from the two sources, the Qur’an and Sunnah.  Today, we are all Ahl al Sunnah, as we shall see.

However, to continue, we find the answer to the issues raised in this first fitnah in thought of our Deen, the issue of the primacy of reason or revelation, in the story Adam.

In order to understand this issue more fully, we should note that there are three forms of knowledge; acquired, intuitive and revealed.  Acquired knowledge or aposteriori knowledge is dependant upon experience.  Such knowledge includes the information gained through the investigations of science, and the perceptions of our senses. Knowledge of computers, science, engineering, medicine, anthropology – most of our academic courses, is acquired.

Intuitive knowledge is not dependant upon experience, and is therefore, more abstract.  This apriori knowledge includes the equations of mathematics, the proofs of geometry, and the syllogisms of logic. 

The third branch of knowledge is reveled knowledge or wahy.  As we can probably surmise, this includes the contents of the Books Allah SWT has revealed to mankind, including the information contained in the Qur’an.

Adam and Hawa were given the same fitrah as all of us.  They had the ability to acquire knowledge, both aposteriori and apriori.  However, in the beginning, they had not received any revealed knowledge.  Then, they were presented with a test.  Iblis came and suggested to them to eat of the fruit of the tree from which Allah SWT had forbidden them to eat.  They did, so and Allah asked them about it.


7:19. "O Adam! dwell thou
And thy wife in the Garden,
And enjoy (its good things)
As ye wish: but approach not
This tree, or ye run
Into harm and transgression."

20. Then began Satan to whisper
Suggestions to them, bringing
Openly before their minds
All their shame
That was hidden from them
(Before): he said: "Your Lord
Only forbade you this tree,
Lest ye should become angels
Or such beings as live for ever."

21. And he swore to them
Both, that he was
Their sincere adviser.

22. So by deceit he brought about
Their fall: when they
Tasted of the tree,
Their shame became manifest
To them, and they began
To sew together the leaves
Of the Garden over their bodies.
And their Lord called
Unto them: "Did I not
Forbid you that tree,
And tell you that Satan
Was an avowed
Enemy unto you?"

23. They said: "Our Lord!
We have wronged our own souls:
If Thou forgive us not
And bestow not upon us
Thy Mercy, we shall
Certainly be lost."

Here we see that Iblis uses twisted logic to lead the first humans to ruin.  He leads them to doubt themselves – to feel ashamed of themselves – to perceive themselves from the point of an inferiority complex.  Remember Iblis thinks he is better than them because he was created of smokeless fire.  He too disobeys Allah by refusing to bow to Adam.  And he refused to admit any fault or error.  He justifies his disobedience by saying he is better than Adam.  Then he retaliates by making Adam and Hawa feel low, and saying Allah is trying to prevent them from becoming angels and living forever. 


2:37. Then learnt Adam from his Lord
Words of inspiration, and his Lord
Turned towards him; for He
Is Oft-Returning, Most Merciful.

In their doubt, Adam and Hawa disobey the command of Allah and eat of the tree.  However, unlike Iblis, they did not try to justify their error.  Instead they feel sorry. They ask Allah to forgive them and have mercy with them.  They repent.  And because of this, Allah SWT does shower mercy on them in the form of wahy – revelation of the furqan or criteria with which to judge right from wrong.

Amr bi al Ma’ruf means to conduct one’s self in a good manner, according to what is best.  Ma’ruf comes from the same root as Urf, custom, what is known, what is right.  ISNA is currently leading the conversation of this Ummah regarding the role of Urf in this Deen.  One thing is clear, urf indicates customary, agreed upon conduct; conduct that brings mutual benefit. 

As for al Munkar, Allah SWT says:


2:28. When they do aught
That is shameful, they say:
"We found our fathers
Doing so"; and "God
Commanded us thus":
Say: "Nay, God never
Commands what is shameful:
Do ye say of God
What ye know not?"


Shameful deeds may become habitual, but that does not make them al Ma’ruf.  Such deeds remain evil.


 Wa Nahi anni al Munkar means to keep one’s self from doing that which is detrimental to all, what is evil.  And it is the duty of a Muslim to remind others of this.  The Prophet SAW was charged by Allah to deliver the message, and after him, we are responsible for that charge.  This is why we are the best ummah from among mankind. We command what is right and forbid what is evil.

We are the last bastion of morality.  And because of our stance on moral issues, we are currently facing persecution and harassment.  Our children are abused and bullied for not dating, fornicating or taking drugs and drinking.  Our adults are also ridiculed and bullied at work for not drinking or eating pork. Our entire community is under attack for wanting to have our wills and contracts conform to Shariah law, and for not wanting to take part in the injustice of riba. 

The one place where we should be able to find peace from this harassment is our masaajid.  Instead, we find intolerance, self righteous bigotry and physical and mental abuse. 
This outrageous behavior is not Amr bi al Ma’ruf wa Nahi anni al Munkar; this is just plain rudeness, arrogance, and evil dhulm. 

Yes, our Deen spread very fast, as we noted.  It spread because of three principles:  Freedom, Justice and Equal Dignity. 

Freedom is essential in Deen. 


2:256. Let there be no compulsion
In religion: Truth stands out
Clear from Error: whoever
Rejects Evil and believes
In God hath grasped
The most trustworthy
Hand-hold, that never breaks.
And God heareth
And knoweth all things.

There can be no hate, enmity, duress – karaha – in deen.  There is no need for such because truth is distinct from error.  Anyone who rejects and denies evil and affirms and submits to Allah, has grasped the firmest handhold.  This handhold will never break.  And Allah hears and knows all things. 

Again, the truth is that there is no one worthy of worship other than Allah.  This is to deny and reject the power and authority of anything else, and to believe in Allah alone.  He alone is the Creator and Preserver of all things.  He is Samad – the self-sufficient upon whom all depends.  

What Allah makes clear is this ayat is that this belief must be free.  It cannot be under duress.  Some of you are budding “scholars.”  What is the Shariah position regarding someone who is forced to commit a crime.  Is he subject to the Hadd?  Suppose some one says to him, “I will kill you unless you steal this jewelry.”  Is he subject to the Hadd punishment for theft? 

No.  It would be unjust for him to be so because his act was not free.  The first shart or condition of any Shariah obligation is freedom. 

On the authority of Ibn Abbas (ra), that the Messenger of Allah (saw) said:

Verily Allah has pardoned [or been lenient with] for me my ummah: their mistakes, their forgetfulness, and that which they have been forced to do under duress.
[Hasan hadeeth related by Ibn Majah, and al-Bayhaqee and others]

The occasion of this hadith was in regard to Ammar ibn Yasir who, under the compulsion of severe torture, was forced to commit shirk to the idols of the Quraish.  The Prophet made it clear that when a person is forced by necessity to declare something and does not truly hold that belief in his heart, he is not held accountable for this. 

We all know that eating pork or drinking alcohol is prohibited, but if one is forced to eat or drink due to necessity, one is free of any sin.  In fact, eating or drinking such may even be fard, as our bodies have rights on us and have a right to survive.  We pray Allah SWT never tests us in this manner. 

We also know that we are rewarded according to our intentions.
The Messenger of Allaah  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention )said: "Verily actions are by intentions, and for every person is what he intended. So the one whose ‘hijrah’ (migration) was to Allaah and His Messenger, then his ‘hijrah’ was to Allaah and His Messenger. And the one whose ‘hijrah’ was for the world to gain from it, or a woman to marry her, then his ‘hijrah’ was for what he made ‘hijrah’ for." [Al-Bukhaari and Muslim]

So what about the person who is forced into during something good?  “I will kill you unless you pray, unless you wear hijab, unless you pay zakat.”  What is his or her intention?

By forcing ibadaat, you have forever prevented this person from having the best niyat.  The only niyat Allah considers best, as mentioned above, is “fi sabillillah.”  A person, who prays with the intent to show off, will get noticed and a person, who prays with the intent to get a palace in jennah, may get it, but both will miss out on so much more.  So by forcing a person to do even a fard obligation in deen, prevents them from the opportunity to have the best reward.  And you prevented them.  They will be rewarded, but you will be rewarded too – with the fruits of dhulm – oppression.  And Allah does not love the dhalimuon. 

As for the other two principles, justice or adl and equal dignity, they mean that we must treat others fairly and look to everyone’s rights.  It can be unjust to treat one another equally, so Islam calls for equal dignity.  Each should receive what he or she requires to achieve the same goal.  If three children are trying to see over a fence, giving them each a box of the same size may be equal treatment, but not just treatment, since two may still not be able to achieve the goal.  But giving them what they need to achieve the goal is just.  Then, they have a free choice to look or not look, but at least they have an equal opportunity. 

These three principles spread Islam and are spreading it today.  People took the Shahadah and then asked what to do.  Many of us have done the same.  And after taking that Shahadah, people traveled to find out more, to sit with a scholar, to watch others pray; and then they came back to those outposts of civilization and taught us. 

The Islamic Dark Age

And so our deen became urf – custom driven.  Then something happened, we entered a Dark Age. We do not call it a Dark Age.  The West does not either, since it was a time of great material flowering. Some call it the “Closing of the Doors of Ijtehad.”   Although there was no general body meeting to close to doors, and although some schools of thought, particularly the Hanafi and the Ja’afari never stopped teaching Usul al Fiqh and using ijtehad, the Doors did close and our deen entered a Dark Age.  It was the time of the Ottoman Empire. 

The Ottomans were great administrators.  They devised a most efficient administrative and legal system.  This is one of the reasons behind their success as an empire. Like the great empires before them, they produced a legal code.  The Hittites had the Code of Nesilim, the Romans had Canon Law.  The Ottomans chose to codify Islamic Law in the Mejellah.

One of my teachers, Yusuf Kavaci, is perhaps the last of the classically trained Mejelleh scholars.  In the Mejelleh, the Ottomans codified the Fiqh of the School of Abu Haneefah, and all the fatawa of the scholars of that school.  One no longer needed to consult jurisprudents or scholars.  It was in the code.  One no longer needed to consult the sources, the Qur’an and Sunnah, or look for dalil or proof for a position.  It was in the code.  Just like the West with its law codes, we had an Islamic Code.  And so our fiqh became divorced from its sources.  Scholars no longer needed to provide the bridge between the sources and the ruling of the law.  The schools no longer needed to teach how to derive fiqh – no longer needed to teach Usul al Fiqh or Uloom al Usul, two of the sciences essential for the exercise of ijtehad by a mujtahid.  Instead we taught the code.

Let’s take a minute here to define two terms, Shariah and Fiqh.  Shariah is the Divine Legislation sent down via revelation by Allah SWT.  It is contained in the Qur’an and the Sunnah of the Prophet.  The Sunnah is the actual doings, saying, approvals and disapprovals of the Prophet SAW. 

Fiqh is the human understanding of the Divine Legislation obtained by use of a systematic and reasonable methodology.  This methodology, the bridge between Shariah and Fiqh is referred to as Usul al Fiqh.  Because reasonable minds may disagree on methodologies, varying minaahij have developed over time.  Scholars using the same methodology to derive fiqh, then form “schools” which we call madhaahib.  A mujtahid is a person who is qualified to derive fiqh from the sources through the use of what we today call due diligence or ijtehad according to the methodology or minhaj of a particular school or madhhab.  Occasionally a scholar has understanding of the science of Usul itself, Uloom al Usul, and is capable of evaluating the various minahij, and in determining his own independent minhaj, but most scholars are only knowledgeable of one systematic methodology.   

There are five pre-Dark Age schools and three post-Dark Age schools.  Each has a different minhaj.  All recognize the Qur’an and Sunnah as the sources of binding law. But one area of difference is in determining what is the Sunnah.  The Sunnah is the actual doings, saying and approvals and disapprovals of the Prophet SAW.  We do not know them.  We have no direct knowledge of them.  We were not there.  Unless you have a time machine, you cannot know them.  What we have are reports of varying authenticity.  Determining what is an authentic report and whether it can be reliable enough to determine binding law is essential for deriving fiqh.

The School of Abu Haneefah holds that the Qur’an and authentic Sunnah are binding.  However, this school does not recognize ahad hadith or hadith narrated by one Sahabah only as forming a secure enough foundation for fiqh.  Other schools do and so the fiqh of these schools differ from the fiqh of the Haneefiyya. 

The School of Imam Malik also holds that the Qur’an and Sunnah are binding.  However, this school allows ahad hadith and uses rational methods such as qiyas and maslahah al mursalah or public policy as a source of law if no binding source is found in the Qur’an or Sunnah. 

The School of Imam Shafii holds that the Qur’an and Sunnah are binding, but does not allow analogy or maslahah. 

Here let us take a minute to discuss what is qiyas.  Qiyas means syllogism or rational argument.  Qiyas includes the syllogisms of mantiq or logic as well as the qiyas al mithlu or analogy.  Analogy is actually a type of logical syllogism. Some school allow only analogy, others allow only mantiq or logic.  Imam Shafii did not allow analogy, but did allow for rational methods to determine fiqh in the absence of a clear Nass or text from the two sources.

The School of Ahmed ibn Hanbal, holds that the Qur’an and Sunnah are binding, but it has a much more liberal approach to the Sunnah.  It allows not only ahad hadith, but hadith graded as hasan, or less that sahih hadith, to be binding.  It also does now allow rational methods, including qiyas, in the event of a hasan hadith.

After the Dark Ages, we have used three approaches in regard to fiqh.  The School of the Jamhur is the main methodology of the Harikat al Islami and the Ikhwan al Muslimeen.  This approach does not have an independent minhaj, but looks to the majority of the scholars.  The opinion which is espoused by the majority of the scholars is viewed as preferable.  In North America, this is a popular approach, since it does not chose a madhdhab, but seeks a kind of consensual approach. 

We also have two independent minhaj, the Salafi and the Dhahiri Schools.  The Salafi school, founded by Muhammad Abd ul Wahhab, whose shukuk include Shaikh Bin Baz, and the mujtahid, Shaikh Uthaimin, is of course based on the Qur’an and the Sunnah.  Like the Hanbali School, they allow ahad and hasan hadith, but will use even daif hadith in preference to rational methods.  Shaikh Uthaimin, in his book, Ilm Uloom al Usul, allows qiyas al mithlu or analogy but notes that others object.  The Salafi derive their name from the “Salaf” or righteous predecessors.”  This reveals that this school also considers the opinions of the Salaf as binding law.

While the other schools hold that the consensus of the Sahabi is binding, they do not hold that reports of the opinions of the Sahabi, where they are not in consensus, are binding or that the opinions of the Salaf are binding.  They may be persuasive, but not binding.  Although most schools do hold that ijma or unanimity of the scholars is binding. 

The Dhahiri School, founded by Ibn Hazm, was revived by Shaikh Albani.  It also hold that the Qur’an, Sunnah, Opinions of the Sahabi, Ijma, and Opinions of the Salaf are binding.  It also recognizes daif hadith and even athaar or reports of the sayings of the Salaf as binding.  This school does not allow rational methods.  Moreover, it is literal or dhahiri in its approach to ijtehad and exegesis of texts.  Moreover, the approach of Shaikh Albani in authenticating hadith is controversial.  He relied solely on the Ilm al Rijal or reports on the character of narrators.  The great 12 century hadith scholar, Shahrazuri, stated this alone, was not a valid manner to judge hadith authenticity.  Other factors must be considered.  Shaikh Bin Baz and Shaikh Uthaimin also stated this criticism.



So, what about the fifth pre-Dark Ages school, the Jaafari School?  Since we have been exploring Sunni Shia Intrafaith dialogue, we should understand that the Jaafari School founded by Imam Jaafar al Sadiq is a Sunni school – it too bases fiqh on the Qur’an and the Sunnah of RasulAllah SAW.  Have you ever considered what was the madhhab of the Umayyads?  They actually did not follow any of the scholars of the Ahl al Hadith or Ahl al Sunnah; they were Ahl al Ray – people of rational opinion.  As we discussed before, they followed Mu’tazillah doctrine where reason is capable of discovering all the truths of religion and wahy or revelation is not necessary.  So the Umayyads held that the opinions of the scholars were binding and need not be proven through appeals to proof texts in the Qur’an and the Sunnah.  When the Abbasids came to power, they restored the primacy of the textual sources.  Their movement became termed Ahl al Sunnah wa al Jam’ah.  This term was coined, not by Ibn Taymiyyah, but by scholars of the Abbasid period, including Ahmed ibn Hanbal. 

The Jaafari School, then, follows the Qur’an and Sunnah, but also finds the rulings of the twelve imams of the Ithna Ashari or Imami Shia to be binding.  This position is not really different from the position that the rulings of the Salaf are binding.  The Jaafari School also allows the syllogisms of mantiq or logic, but not the qiyas al mithlu or analogy.  One point here is that the Jaafari School is a school of fiqh.  The positions on authority and leadership of the Zaidis, who often follow Haneefiyya fiqh, and Imamis are separate matters.  Perhaps this would make an excellent investigation for another time. 

While it is true, there are groups who associate themselves with Islam, that seem to be at variance with the teachings of Islam.  These groups tend to be Ahl al Ray, following the opinions of charismatic leaders.  Whether they be Ahmadiyyah, Ahbash, Babi, Bahai, or one of the various branches of Ismaili, they follow the opinions and teachings of a leader. One of our challenges is to explore the position of these groups in the overall fabric of Islam.  But one thing is clear, even if they do not subscribe to the command to follow Allah and His Prophet in the manner in which the Ahl al Sunnah has done, no person who desires to worship Allah in His House should ever feel insecure in His masaajid.
 
Today, we are exploring a new minhaj utilizing the Maqaasid ash-Shariah.  The ISNA conferences of the past two years have explored some of the possibilities this new approach holds. 

But for now, we return to the Dark Ages, of which we are still emerging.

Our Fiqh Became a Code

This focus on the code coupled with the spread of this deen by urf meant our deen stagnated.  Before, scholars kept the deen current and fresh, while people sought out knowledge as best they could.  Now we all had the code and the urf – and so a Dark Age ensued until Muhammad Abdu, Hassan al Banna, Maulana Maududi and Muhammad Abd al Wahhab reminded us that our fiqh has a basis.  It is not just a code.  The source of fiqh is Shariah – the Divine Legislation from Allah, and this is found in the Sources, the Qur’an and Sunnah. 

So now we have rediscovered this truth.  Our deen is not just a legal code.  It has a basis rooted in the Revelation from Allah.  However, in rediscovering the connection between fiqh and the sources of Shariah, many have also found a new way to cause fitnah.

How many times have we heard screams of “bid’ah?”  What is this bid’ah?  The Divine Legislation or Shariah is revealed in the Qur’an and in the Sunnah of the Prophet.  From them we derive the fiqh or legal rulings.  Each act or omission has a Hukm Shari’ or legal value.  There are five of these hukm.  Fard is that which if we do it is rewardable and if we do not it is sinful. Haram is that which if we do it is sinful and if we do not, it is rewardable.  Mustahabb or Mandub is that which is rewardable if we do it, but is not sinful if we do not do it.  Makruh is that which is rewardable if we do not do it, but is not sinful if we do.  And Mubah is permissible; it is neither rewardable nor sinful.

The sources of our deen are the Qur’an and Sunnah, but not every statement establishes a fard obligation or forbidden haram act..  Some statements establish mustahabb or preferred and recommendable acts, and other those that are detestable.  To confuse matters, some scholars use the term Sunnah to refer to mustahabb preferred acts.  So we hear expressions such as “It is sunnah to do such and such.”  In such cases, the term Sunnah is used as a hukm Shari’ or value, not just as a reference to a source of legislation. 

So, scholars have determined based on analysis of the transmitted records of the Prophetic Sunnah, which we refer to as Hadith, that the Prophet did certain acts, such as non-obligatory prayers before and after the Fard salaat.  These are referred to as Sunnah prayers.  We say, “We will have a talk after the Sunnah.”  In other words, after we make the Sunnah salaat that accompany that particular Fard Salaat. 

However, if a brother prays more than the recorded number of rakaats in his nawful or non-obligatory salaat, he might be accused of bid’ah or innovation.  Is this really innovation?  Some say it is Sunnah to drink a glass of water in three sips.  The Prophet SAW is known to have done so, yes.  And to follow his practices may be mustahabb or beloved, but to take water in five sips is not an innovation, it is not haram, it is mubah – permissible. 

Bid’ah or innovation is to give an act a value that is not supported by the sources.  Bid’ah would be to say that five sips are fard, or that praying a certain non-obligatory prayer is obligatory.  This is bid’ah.  Some claim the Salaat al Tasbih is bid’ah.  Whether there is any authentic support for this prayer as a Sunnah is debatable; however, to pray in such a manner is not haram.  It is mubah, meaning it is permissible and neither rewardable or punishable.  To claim it has any other hukm than this would be bid’ah.  But to pray a prayer of any kind, beyond the Sunnah prayers, is mubah, and not bid’ah.

Now what about praying to a righteous person or at a righteous person’s grave?  Is this bid’ah?  Well actually – it’s just haram!  Yes, to say such an act is even mubah would be bid’ah – or innovation by changing the hukm of an act without any evidence or command from Allah.  But the act itself, is simply haram. 

So, in this case, Sunnah is an act preferred by our Prophet, and Bid’ah is to change the value of an act from that given it by Allah without evidence or command from Allah.  To perform acts that are different from that of the acts of our Prophet or in a different manner is not haram in and of itself. 

Moreover, unless we are well versed in Usul al Fiqh, we may not be aware of the hukm of a given act within a particular madhaab, and the evidence for that position in that madhaab.  So, to scream at each other for acts of worship whose hukm of which we may not be aware, is simply abusive. 

Our House vs Allah's House

We hear much today about fitnah is masaajid.  Some of our jurists spend far too much time mediating disputes in masaajid.  Sometimes it is fiqh issues, but at other times, it is even more insidious.  As we mentioned, there are two causes of this fitnah, historical and something more personal.
The root of fitnah is arrogance.  Iblis was the first to cause fitnah in Creation, and he is the source of all fitnah today.  We must not allow him to succeed in his insatiable desire for revenge.
Our masaajid are Buyut Allah. They are not the houses of Egyptians, houses of Palestinians, houses of Pakistanis, houses of Iranians, … houses of Americans.  They are Houses of Allah.  But we seem to think they are OUR houses.  

If it ethnic social clubs we want, by all means, we can have them.  In America, we have Italian American clubs, Irish American clubs, Hispanic clubs; why not Arab American clubs, Iranian – ok Persian American clubs – South Asian clubs.  But these are clubs, not Houses of Allah.  Masaajid are for all the Ummah.

In Virginia, there is a beautiful masjid.  A man spent 20 years or more accumulating money and then building this masjid.  He then opened it, but no one attends.  It’s his house, not Allah’s house built for Allah’s Ummah
  
9:107. And there are those
Who put up a mosque
By way of mischief and infidelity—
To disunite the Believers
And in preparation for one
Who warred against God
And His Apostle aforetime.
They will indeed swear
That their intention is nothing
But good; but God doth declare
That they are certainly liars.


108. Never stand thou forth therein.
There is a mosque whose foundation
Was laid from the first day
On piety; it is more worthy
Of thy standing forth (for prayer)
Therein. In it are men who
Love to be purified; and God
Loveth those who make themselves pure.

109. Which then is best?—he that
Layeth his foundation
On piety to God
And His Good Pleasure?—or he
That layeth his foundation
On an undermined sand-cliff
Ready to crumble to pieces?
And it doth crumble to pieces
With him, into the fire
Of Hell. And God guideth not
People that do wrong.

110. The foundation of those
Who so build is never free
From suspicion and shakiness
In their hearts, until
Their hearts are cut to pieces.
And God is All-Knowing, Wise.


We know the story of the masjid in Quba.  This masjid was the first built in Islam.  But then some people who wanted to have status and power in the community built another one, for the purposes of fitnah in the community.  Allah SWT orders the Muslims not to stand there in for prayer.  Later, the Prophet SAW ordering it to be destroyed. 
Many of our masaajid are built on these flimsy foundations, and so our boards and our congregations struggle against one another, sometimes to the point of litigating in the American courts.  In their insatiable quest for status, they humiliate us and our deen, and in the end, no one respects them or is impressed by them. 


9:110. The foundation of those
Who so build is never free
From suspicion and shakiness
In their hearts, until
Their hearts are cut to pieces.
And God is All-Knowing, Wise.


In several masaajid, these fitnahs have devolved into physical violence.  In one case I am aware of personally, the long-time imam was beaten and sent to the hospital.  The two sides ended up in the American courts because they refused to implement the judgment of an Islamic arbitrator.  The community is destroyed, divided and demoralized.  And some have given up on our “community” entirely.
Do you blame them for looking for something better… more sane?  There is something better – Islam.  Unfortunately, our contentious boards and contentious congregants have built their masaajid on other than Islam, other than taqwa.  And so they end up tearing apart their own edifices.  

Building Niches of Light, Houses of Allah

As we saw above, Adam AS had the same fitrah as all of us.  He and Hawa had a natural conscience leading to an innate morality or sense of right and wrong.  But they still fell into error.  When a being with freewill falls into error, two possibilities arise.  Iblis exemplifies one.  He refuses to acknowledge his error.  In his arrogance, he tries to justify his actions.  “I’m better…”  On the other hand, Adam seeks forgiveness.  “I’m sorry…”  And Allah SWT forgives him and sends him words of inspiration – wahy, revelation.  These words we call revelation guide mankind.  They guide mankind to make moral decisions, and this guidance begins with abandoning arrogance, acknowledging our faults and mistakes, saying we are sorry, and seeking forgiveness.

How many times in the Qur’an does Allah speak to us of being grateful and having repentance for our actions?  He also guides us in those areas that are not so obvious.  For example, in two places in the Qur’an He refers to the reality that you may not like a thing which is good for you and may dislike a thing that is good for you.  These two times are in reference to one’s spouse, and fighting in defense of Allah and His Community of Believers, His Ummah. 

Allah has given mankind the Furqan, the Criterion that aids him in being moral.  To surrender to Allah and worship Him alone leads to a moral life, while associating others with Allah will lead you to serve too many masters and will cause an imbalance in your life.  Those “masters” will lead you astray and cause you to fall into evil.  This is because ultimately, serving other than the one who has given you everything can only stem from a desire to serve yourself, and such a desire is not but selfish ingratitude. 

As we saw, there are three kinds of knowledge.  The first is acquired.  The second is intuitive.  But neither of these forms of knowledge can aid us in making moral decisions. 

How do I chose whether to pick up a $100 bill on the street?  Should I leave it, in the hope the owner will return?  Should I take it?  Finders keepers, losers weepers.  Or should I do something else?  Which would you do?  Is this a black and white issue?  Really?  The Shariah prescribes that I hold on to it, advertise it for a year, and wait.  Only if no one claims it can I use it myself.  And it would be even better to give it in charity.

Our fitrah tells us not to steal it perhaps, but to train the nafs to really be moral and to make the best moral choices requires revelation, for the only way to obtain such knowledge is through something other than acquisition or intuition.  We need revelation from Allah. And this is what Allah SWT did when He taught Adam words.


2:37. Then learnt Adam from his Lord
Words of inspiration, and his Lord
Turned towards him; for He
Is Oft-Returning, Most Merciful.

This knowledge of the Criterion for Moral and Ethical Action is what Allah SWT is referring to when He talks of Amr bi al Ma’ruf wa Nahi anni al Munkar.  Our Ummah is the best to emerge from among mankind because we continue to call to ethical action.  We call to do the good – the ma’ruf. 

Allah speaks of alldhina amina wa amala salih, those who believe, who affirm, and perform acts of reconciliation with Allah and with each other.  These are the Mu’min, those who have Iman, Faith.  We call to the doing of acts that are moral, that reconcile people, that bring them together, and that bring them to Peace.

We do not call to those acts which cause fitnah and hate. Therefore, we prohibit munkar, those acts that divide, cause fitnah, cause enmity and hate, those acts that are immoral. 

Brothers and Sisters, we are the only Ummah left to call to moral, ethical action.  Most people have abandoned it.  They use all kinds of justifications, but it is still immoral.  No matter how often we do a thing, it does not make it right.  It only becomes habitual evil, not al Ma’ruf. 

To truly be able to Amr bi al Ma’ruf, Nahi anni al Munkar, we must be of those who are grateful, who repent of our mistakes, and who seek unity, not fitnah.  Fitnah is worse than killing.  Fitnah Akbar min al Qatl, Fitnah Shaddu min al Qatl.  We must respect one another, love one another as brothers and sisters, and treat one another as we would wish to be treated ourselves.

When we come together in our masaajid, we come together to worship Allah.  No one who believes in Allah, and in the Last Day, and that we are held accountable for our actions, should grieve or fear, especially not in the House of Allah.

Admitedly, it may not be easy for a Sunni to feel comfortable in a full blown Ithna Ashari masjid, with all the turbaat on the floor, but whether we drop ‘em or pick ‘em up, that masjid is Bayt Allah, and we are His guests, who have come to worship Him in peace and tranquility.  Our word Salaat comes from the root S-L-L meaning complete peace and communion; communion with Allah from within the community of Believers. 

Rest assured, there is no harm in exploring our past, in trying to understand the roots of our urf today.  But in the end, it’s history.  There is no explaining that can remove that history, and there is no understanding that can erase time.  There is no making sense of it now.  It is time to let go. 

We cannot go back.  We must go forward.  We have no choice.  So let us do so with eyes  - and arms - wide open.  Let us walk - together - into our masaajid, those Niches of Light built upon foundations of taqwa, those Buyut Allah.