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Jurisprudence Questions

Jurisprudence Questions (181)

Answer to the Question Riba Money after Khilafah To: Safeer Al-Khilafah

A question from the book, The Institutions of State in the Khilafah "Caliphate"  regarding money of Riba (usury) after the establishment of the Khalifah state of giving its capital to its owners. Question: What we will do with the money of Riba? Is it permissible for the state to confiscate it and invest it? Is the cash that comes from the property of Riba as banknotes is haram in itself, or is it due to the action?

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  Series of Questions Addressed to Scholar Sheikh Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut Tahrir through his Fiqhi Facebook Page Answer to the Question The Reported Ahadith in the Books of the Fuqahaa Imams To:  Aladdin Abdullah (Tran

Question:

Assalamu alaikum wa Rahmatullahi wa Barakatuh,

It was mentioned in the book "The Islamic Personality: Part III" on the second category of the Hasan Hadith, after dividing it into two types, the following:

"The narrator must be renowned for his sincerity and honesty even though he has not achieved the standard of the Sahih narrators in terms of memorisation and accuracy.

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Answer to the Question: Regarding the Ruling of Rikaz To: Abu Khattab Al-Maqddasi (Translated)

Question

Assalaamu Alaikum Wa Rahmatullah Wa Barakaatuhu, May Allah protect you, I would like an explanation:

Why does "Ar-Rikaz" (Buried treasure) come under the chapter of Kharaj and not the chapter of Zakat? Is the fifth of Rikaz taken when it reaches the "Nisab"?

May Allah bless your efforts.

Answer

Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu

It was extracted by Al-Bukhari and Muslim from Ibn Shihab, from Sa'eed Bin Al-Musayyiib, from Abi Salamah Bin Abdul Rahman, from Abu Hurairah (ra): That the Messenger of Allah (saw) said: «وَفِي الرِّكَازِ الخُمُسُ» "(Take) from the Rikaz (buried treasure) fifth (the amount)."

Rikaz is ancient treasures buried underground or vessels of limited amounts of metals... if it is discovered by someone in his property, whether a land or building, it will belong to the discoverer, but if the Rikaz or metal is found in someone else's land or building, the Rikaz or metal will belong to the owner of the property and not the finder of the Rikaz or metal... The fifth of the amount of the Rikaz is obliged to be paid the moment it is discovered to Bait ul-Mal and it is prohibited to delay.

As for whether the fifth (of the Rikaz) is Zakat or Fai' (booty) that is "state property", the answer is that it is not zakat but it is Fai', and from the evidences for this is what is narrated by Abu Ubaid from Mujalid from As-Sha'bi that:

أن رجلاً وجد ألف دينار مدفونة خارجاً من المدينة، فأتى بها عمر بن الخطاب، فأخذ منها الخمس مائتي دينار، ودفع إلى الرجل بقيّتها، وجعل عمر يقسم المائتين بين من حضره من المسلمين، إلى أن أفضل منها فضلة. فقال عمر: أين صاحب الدنانير؟ فقام إليه، فقال له عمر: خذ هذه الدنانير فهي لك

"A man found 1,000 Dinars buried in a place outside of Madinah so he came with them to ‘Umar ibn Al-Khattab who took a fifth, 200 Dinars, and returned the rest to that man. ‘Umar began dividing the 200 among the Muslims present before him until there remained a surplus. ‘Umar said: ‘Where is the owner of the Dinars?' So he stood before him and ‘Umar said to him: ‘Take these Dinars. They are yours."

From the hadith of As-Sha'bi, it is clear that the amount taken by ‘Umar (ra) from the whole Rikaz is only the fifth, and the remaining four fifth were returned back to the finder of the Rikaz; this fifth was not Zakat, but was considered as Fai', because if it was Zakat it would have been given to those eligible for Zakat, and ‘Umar (ra) would not have given it to the finder of the Rikaz because he was a wealthy man, and Zakat is not given to the wealthy.

This is why whatever the amount of the Rikaz is, four-fifth of it is given to its finder and the fifth is given to Bait ul-Mal. This is not conditional to a Nisab because it is not Zakat, whether the amount of the Rikaz reaches the Nisab or not, a fifth of it is paid to Bait ul-Mal of the Muslims. Currently the Muslims do not have Bait ul-Mal, so the finder of the Rikaz can pay the fifth to that which benefits the Muslims or the needy among them...he does what he sees best.

Your brother,
Ata Bin Khalil Abu Al-Rashtah


The link to the answer from the Ameer's Facebook page

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Consensus of the Sahaba - General Clarification To: Abu Al Walid Al Chami

Question:

Assalamu Alaikum Wa Rahmatullah Wa Barakatuhu, may Allah (swt) grant you victory and aid you in what pleases Him... I have a question: It is mentioned in the book "Al Shakhsiyya," (The Islamic Personality) Volume 3, (p. 269 Arabic edition/ p. 240 English edition) in the chapter "(Al Bayaan Wa Al Mubaiyan) The Clarification And The Clarified", it is mentioned: "The clarification (bayaan) could be a saying of Allah (SWT) and the Messenger (SAW), and it could be an action of the Messenger." The question did not mention the consensus of the Sahaba in the bayaan (clarification), so can the consensus of the Sahaba be considered a bayaan mujmal (general clarification), and is the Khilafah "Caliphate" and its rules which were acted upon and shown by the Sahaba considered to be a general clarification" and "rule between them by what Allah (swt) has revealed," please explain? Wa Alaikum Assallam) End.

Answer:

(Wa Alaikum Assallam wa Rahmatullah wa Barakatuh,

What has been mentioned in the third volume of "Al Shakhsiyya," (The Islamic Personality) "The clarification (bayaan) could be a saying of Allah (SWT) and the Messenger (SAW), and it could be an action of the Messenger..." this text contains consensus, because the consensus reveals a proof from the Sunnah which the Sahaba understood. So, when this case was presented, they said its rule without seeing the Hadith because it was known to them, for example: The inheritance of the grandparent with the son, that is if a person dies and he has a son and a grandparent, was presented, so how much is the inheritance of the grandparent? The Sahaba's consensus was that he inherits sixth of the inheritance, which means that they heard a hadeeth from the Messenger of Allah (saw), and since they knew it they stated the rule without providing the evidence. This is why the consensus of the Sahaba reveals proof, which means that the Hadith of the Messenger (saw) was not narrated by the Sahaba but they mentioned the rule directly.

Therefore, the mentioned text in the book "Al Shakhsiyya" contains inclusive consensus since a consensus is reached based on Hadith by the Messenger of Allah (saw).

It is mentioned in the third volume of the book "Al Shakhsiyya," in the Chapter of Consensus, (p. 295 Arabic edition/ p. 268  English edition), the following:

(Fourthly: The consensus of the Sahaabah refers to the Shari'ah text itself, for they didn't consent on a verdict unless they had a Shar'i evidence from the saying, the action or the approval of the Messenger (SAW) that they relied on it, so their Ijmaa' had disclosed an evidence, and this is not attainable to other than the Sahaabah; because it is them who accompanied the Messenger (SAW) and from them we have received our religion, therefore their consensus is the proof and other than that is not a proof, for the Sahaabah didn't consent on a matter unless they had a Shar'i evidence for it they didn't narrate it, so the consensus of the Sahaabah is a Shar'i evidence for the quality that it discloses an evidence, not for the quality that it is their own opinion.) End.

From this, the answer to your last question is explained... yes, what is mentioned about the consensus of the Sahaba (ra) in the matter of the Khilafah "Caliphate" is a clarification of the Ayat (verses) about ruling from the Holy Quran.

 

Your brother

 

Ata Bin Khalil Abu Al-Rashtah

 

The link to the answer from the Ameer's Facebook page.

 

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  Answer to the Question: Regarding Major and Minor Sins To: Abu Abdullah Khalaf (Translated)

Question:

Assalaamu Alaikum Wa Rahmatullah Wa Barakaatuhu

Our honourable Sheikh, I have a question regarding a phrase that was mentioned in the Book Islamic Personality (Shakhsiya), Volume One page 46 (Arabic version): "Allah (swt) will enter those He wills from the Muslims into hellfire whose majors and sins outweigh their minors  and rewards". What is meant by their minors? Why was it mentioned next to the rewards if it means minor sins? For the knowledge I am not a member of the Hizb due to the absence of party work in our area.

Answer:

Wa Alaikumu Salaam Wa Rahmatullah Wa Barakaatuhu

The minors are the sins that have a lighter punishment, and the majors are sins that have severe punishments...for example: lying is prohibited... but if you tell your son: come, I will give something in my hand, when he comes and finds nothing in your hand to give, you would have lied, and it is a sin but with lighter implications; it is from the minors: it was extracted by Ahmad from Abu Huraira, from the Prophet (saw) that he said:

«مَنْ قَالَ لِصَبِيٍّ: تَعَالَ هَاكَ، ثُمَّ لَمْ يُعْطِهِ فَهِيَ كَذْبَةٌ»

"Whoever says to a boy:  Come, Here (take this), and then does not give him anything, it is a lie".

But if you were sent by the leader of the army to survey the enemies behind a mountain, and you report back that there is no enemy behind the mountain, but they were actually behind the mountain; you would have lied and it is a disobedience with greater implications and grave sin and severe punishment, it is considered from the majors.... and so on.

As to why the minor sins were put next to the rewards, being next to each other does not mean that they are on the same scale; it is a style in the Arabic language called Al-Muqabila, where two words (categories) are mentioned and another two follow, where the third word is related to the first, and the fourth word is related to the second, for example Allah (swt) says:

((وَإِنَّا أَوْ إِيَّاكُمْ لَعَلَى هُدًى أَوْ فِي ضَلَالٍ مُبِينٍ))

"And indeed, we or you are either upon guidance or in clear error" [Saba: 24]

And so: ((وَإِنَّا)) (we) faces ((لَعَلَى هُدًى)) (upon guidance) and ((إِيَّاكُمْ)) (you) faces ((ضَلَالٍ مُبِينٍ)) (clear error), it does not mean that (we and you) are similar or are in one scale nor (guidance and clear error) are similar or on the same scale. Rather as we mentioned, the first is related to the third and the second is related to the fourth...therefore the meaning of the sentence " whose majors and sins outweigh their minors and rewards" in Al-Muqabila style means: their majors outweigh their minors, and their sins outweigh their rewards, and not that their minors and rewards are on the same scale or similar. And to confirm this there is a repetition of the conjunction "على" "Ala" (on) before (minors) and before (rewards) to show that they are different categories, it was not enough to use the conjunction (wa) and say: "on their minors and (wa) their rewards", but to remove any confusion, said: " On their minors and (wa) on their rewards".

As for what you concluded your question with: "For the knowledge I am not a member of the Hizb due to the absence of party work in our area", If you would like to be a carrier of this good that we call for, we can assist you if you like...

In the end, I extend to you my greetings and wish you well.

Your brother,

 

Ata Bin Khalil Abu Al-Rashtah

The link to the answer from the Ameer's Facebook page

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The Answer to the Question: Regarding the Land of the Companion Tamim Ad-Darri (ra) To: Mohamad Sukker (Translated)

Question

We know that Prophet Muhammad (saw) had allocated land for the noble companion Tamim Ad-Darri (ra) in Al-Khaleel which is now known as Al-Maskoubiyah. We are confused regarding the classification of this land; is it a 'Ushri land or a Kharaj land, bearing in mind that in the book Funds in the Islamic State, in the classification of 'Ushri land it did not include the land that is allocated to someone becomes 'Ushri land but that the 'Ushri or Kharaj lands can be allocated. Some Shabab (members) have the view that the land of Tamim Ad-Darri (ra) is 'Ushri land, does this view have any basis which is not mentioned in the Funds book?

May Allah Reward you with all the good on our and the Muslims' behalf and bring joy to your eyes and the Muslims with the victory and authority under the shade of the Khilafah "Caliphate" upon the method of the Prophethood soon inshaAllah. (End)

Answer

Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu,

It is true that the issue of the allocation of land to Tamim Ad-Darri by the Prophet (saw) before it was opened is not detailed in the book Funds in the Islamic State but instead the types of 'Ushri lands are mentioned.

However, it is mentioned in great detail and clearly in Islamic Personality (Shakhsiya) Volume Two under the chapter of "The 'Ushri, Kharaj and peace lands" on pages 235-237 (Arabic version); in the explanation of the types of 'Ushri lands it mentions that:

(... As for the 'Ushri land it is the land which 'Ushr (one-tenth) is taken from, or half of the 'Ushr as Zakat from its produce, it is called so due to the ten percent ('Ushr) that is taken from the produce of the land as its Zakat.

It includes any land whose inhabitants embraced Islam from the onset like Medina Munawarra and Indonesia.
'Ushri land also includes the Arabian Peninsula, whether all of its inhabitants have embraced Islam like Medina, or it was opened by force like Mecca.

Every land opened by force and divided by the Imam (Khaleefah) between the Muslim fighters, like the land of Khaybar, or partially left in the hands of Muslim fighters.

Also the 'Ushri land includes the lands allocated by the Imam (Khaleefah) to the people from the lands opened by force.

Also what is allocated by the Imam from lands which are not opened yet, after Allah (swt) opens it for the believers, it becomes a gift to whom it is allocated for, this is like the allocation of the land of Habra and Hibron and Al-Marhon and 'Ainoon in Al-Khaleel to Tamim Ad-Darri by the Prophet (saw).

When Tamim Ad-Darri (ra) came to the Prophet (saw) with his people, he asked the Prophet (saw) to allocate these areas for him if Allah (swt) opens them for the Muslims, and they were allocated for him, and he documented it in a letter and Omar (ra) was a witness for the document; when Allah (swt) opened it for the Muslims at the time of Omar (ra), he asked Omar to hand it over to him which he did fulfilling the allocation of the Prophet (saw)). End.

The land allocated by the Prophet (saw) to Tamim Ad-Darri (may Allah be pleased with him) is a 'Ushri land, and it was classified in narrations regarding this issue: It was extracted by Abu Ahmad Hameed Bin Mukhlad Bin Qutaiyba Bin Abdullah Al-Kharsani known as Ibn Zanjoyah (Deceased: 251 AH) in his book "Al-Amwal" on the authority of Az-Zuhri, and Thawr Bin Yazeed from Rashid Bin Sa'd, they said: Tamim Ad-Darri got up, and he is Tamim Bin Aws a man from Lakhm, and said: "O Messenger of Allah, I have Roman neighbours in Palestine who own a village known as Habra and another one called Bait 'Ainoon, if Allah opens Ash-Sham for you then give it as a gift to me." The Prophet (saw) said,

«هُمَا لَكَ» "They are for you." He said document it for me in a letter, so He (saw) wrote,

«بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ هَذَا كِتَابٌ مِنْ مُحَمَّدٍ رَسُولِ اللَّهِ، لِتَمِيمِ بْنِ أَوْسٍ الدَّارِيِّ، أَنَّ لَهُ قَرْيَةَ حَبْرَى وَبَيْتَ عَيْنُونَ...»

"In the name of Allah Ar-Rahman Ar-Raheem this is a letter from Muhammad the Messenger of Allah (saw) to Tamim Bin Aws Ad-Darri, that the village of Habra and Bait 'Ainoon are for him..."

Abu Ubaid extracted a similar narration in "Al-Amwal" and Abu Yusuf in "Al-Kharaj".

I hope the answer is clear enough by the permission of Allah.

Your brother,
Ata Bin Khalil Abu Al-Rashtah

 

 

The link to the answer from the Ameer's Facebook page

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Fiqhi Facebook Page Answer to the Question Treatment of Non-Muslims in Matters of Foodstuff and Clothing According to Their Faiths To: Adnan Khan

Question:

Salaams Sheikh

My question is on an article in the Constitution. In article 7, clause 4 or clause D from the English translation of the second edition 2010, it is stated: "The non-Muslims will be treated in matters related to foodstuffs and clothing according to their faith and within the scope of what the Shari'ah rules permit". My question is related to clothing.

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Answer to the Question: The Legislative (Shari') Method of Establishing the Khilafah and the Dominant Sultan (Translated)

There are some comments on some websites that state: "That Hizb ut Tahrir has defined the method of seeking the Nussrah (material support) to establish the Khilafah "Caliphate", while it abides to, and does not acknowledge any other Legislative (Shari') method... although there is another method, which is "the method of the dominant Sultan", i.e. the one who establishes the state by force and fighting... they also said that Hizb ut Tahrir objected Baghdadi's declaration out of Hizbi prejudice, as the Hizb does not acknowledge the Khilafah "Caliphate" as a legitimate one except if it established it..." Can you please provide a conclusive and sufficient answer for these statements? May Allah reward you.

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Series of Questions Addressed to Scholar Sheikh Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut Tahrir through his Facebook Page The Answer to the Question Covering the Feet To: Umm Sadeen al-Maqdisiyyah (Translated)

Question:

Assalamu Alaikum wa Rahmatullahi wa Barakatuhu... I ask Allah (swt) that He accepts your worship, bless us with victory, stability, and steadfastness, and help you and honor you with a second Khilafah "Caliphate" on the method of Prophethood, in which you will be the sixth Rashid Khalifah.

He is the guardian of that, indeed He is Able.

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