Wednesday, 30 July 2014

A Look at Forced Marriages and Honour Killings

A selection of documentaries on the topic:

1. Britain's Crimes of Honour:

Part 1:


Part 2:



2. Why are UK Authorities Ignoring Honour Killings?


These documentaries are being posted to provoke discussion on the topic, obviously, but also to get to the heart of the matter. If a mentality of fiercely protecting "honour" is causing so many deaths and other forms of abuse, then it is not surprising that the same mentality attempts to cover up or at least trivialise what is going on. Therefore, while watching these documentaries, one should not only ponder on the facts of these events but also the reactions of members of the Asian community as they attempt to label these crimes as isolated incidents or request that the police not associate community leaders or local masjid committee members with them. This is very similar to what psychologists call enabling in the negative sense.

As for Nosheen, may Allah rectify her affair and cure her, it's hard to feel sorry for her father. What does he mean when he says she is "wasted"?

However, the most fascinating piece of information from both documentaries is the admission of Det. Const. Palbinder Singh regarding the notion that family honour can be regained through violence (about ten minutes into the second documentary):

'That concept exists in every Asiatic mind, whether they be in Great Britain, whether they be in Switzerland, whether they be in Pakistan, India wherever. It's a concept that doesn't stop just because you cross a border.'

In closing, it should be noted that this is only one aspect of the abuse and violation that Asian women, in particular, suffer, but forced marriage is at the root of it, from which honour killings, acid throwing, false imprisonment, kidnapping, sexual assault and so forth arise, and then affect the wider community, e.g. grooming.

And with Allah is every success and may Allah release or give a speedy rescue to all women who are in this horrific and grotesque situation, ameen!

The Glorious Legislation of Endowments






Alhamdulilah, Imam Muhammad Saeed Ramadan al-Bouti's, may Allah have mercy on him, article on how to revive endowments, or awqaaf, is now available from the Naseem al-Sham English site. The Arabic text can be located here and it was originally published in the Imam's book k Qaḍāyā Fiqhiyyah Muʿāṣirah (Damascus: Dār al-Fārābī, 2009). The translation will also be published in a forthcoming book on endowments, insha'Allah.

And with Allah alone is every success.

Wassalaam,

Mahdi

Tuesday, 1 July 2014

Fidyah, Qaḍāʾ and Breaking One's Fast


An olive tree outside Fes, Morocco

Question:

Is it permissible for elderly people as well as those who are pregnant and breastfeeding not to fast in Ramaḍān and what are they obliged to do in terms of qaḍāʾ[1] and fidyah?[2]

Answer (from Imam Wahbah az-Zuaylī):

It is permissible for elderly people not to fast in Ramaḍān, due to the Exalted’s statement: “…For those who are able (yuīquna)[3] to fast, their fidyah is to feed the poor.” [Sūrat al-Baqarah 2:184]

Ibn ʿAbbās said about this āyah, in what has been related by al-Bukhārī: ‘It is not abrogated. It is referring to elderly men and women who are not able to fast, and thus in place of each day they feed a poor person.’[4]

Those who are pregnant or breastfeeding can also be excused from fasting in Ramaḍān based on what has been related by the five (i.e. Imam Aḥmad and the authors of the four Sunan collections)[5] on the authority of Anas ibn Mālik al-Kaʿbī, that the Messenger of Allah, may Allah bless him and grant him peace, “Indeed Allah, Mighty and Majestic, has removed the burden of fasting from the traveller and allowed him to shorten his prayer, and He has removed the burden of fasting from those who are pregnant and breastfeeding.”

As for what is obligatory upon those who are pregnant and breastfeeding, they have to make up the days they missed and they can choose short days in the winter to do so, but do they have to pay a fidyah? They don’t have to, except that the Shāfiʿī’s have declared fidyah to be obligatory along with qaāʾ if the one pregnant or breastfeeding fears for the child. If she fears for herself in terms of exhaustion or falling into difficulty, then fidyah is not obligatory upon her.[6]


[Translated from Fatāwā Muʿāirah (Damascus: Dār al-Fikr, 2003), p.30-31]


[1] (tn): i.e. making up the fast
[2] (tn): i.e. redemption, which is not the same as a kaffārah, which means expiation; a person in this situation has not sinned and is thus merely looking to compensate for missing out on worship as opposed to expiating a sin they have committed
[3] (tn): The meaning is those who are able to fast but with great difficulty, as the word ṭāqah means the ability to do something but with difficulty and hardship. Please see Ṣafwat al-Tafāsīr by Sheikh ʿAlī as-Ṣābūnī (Beirut: Dār al-Fikr, 1421/2001) v.1, p.108-109
[4] (tn): which should be approximately half a kilogramme of rice for every missed day; please see this fatwā for further details
[5] (tn): These are Imams Abū Dāwūd, an-Nasāʾī, at-Tirmidhī and Ibn Mājah. Please see the introduction to Bulūgh al-Marām by Imam Ibn Ḥajar al-ʿAsqalānī (Al-Manṣūrah: Dar al-Ghad al-Gadeed,  1426/2005), p.11
[6] (tn): There is a slight difference of opinion here, as demonstrated by Sheikh Muṣṭafā al-Bughā in his commentary on ʿUmdat as-Sālik wa ʿUddat an-Nāsik , entitled Tanwīr al-Masālik (Damascus: Dār al-Muṣṭafā, 1431/2010). He states that a pregnant or breastfeeding woman must pay a fidyah and make it up if she fears for her child, regardless of whether she fears for the child alone or the child as well as herself (v.1, p.509).  The dominant position is that a distinction is made between not fasting out of fear for the child alone and not fasting out of fear for the child and oneself, and thus if one fears for only the child then fidyah is obligatory along with qaḍāʾ, but if one fears for the child and oneself then only qaḍāʾ is obligatory. Please see at-Taqrīrāt as-Saḍīdah fī Masāʾil Mufīdah: Qism al-ʿIbādāt by Sheikh Ḥasan al-Kāf (Tarīm: Dār al-Mīrāth an-Nabawī, n.d.) p.455-456. 

More Fatawa on Ramadan and Fasting

Friday, 30 May 2014

Early Islam and the Birth of Capitalism

An interesting and eye-opening lecture by Benedikt Koehler




"As part of a new three-year 'History of Capitalism' course, historian and former banker Benedikt Koehler delivered an inaugural address based on his forthcoming book Early Islam and the Origins of Capitalism. In his lecture, Koehler proposed a strikingly original thesis; that capitalism first emerged in Arabia, not in late medieval Italian states as is commonly assumed."

And this is an article that further discusses the topic:


Wednesday, 30 April 2014

Building Over Graves and the Ruling for Demolishing Them

A translation of this fatwa from Naseem al-Sham

قبة الامام الشافعي

Building Over Graves and the Ruling for Demolishing Them

Question:

My question is for Sheikh Muammad Saʿīd Ramaḍān al-Būī. Praise be to Allah, Lord of all creation, and blessings and peace be upon the one whom was sent as a mercy to all of creation as well as all of his family and his Companions, āmīn. To proceed: Indeed there are youths who have been secretly propagating their ideas under the shade of darkness, and they have been declaring those who visit the graves of the righteous[1] to be heretics.[2] It has reached me (and I am asking this question from Libya) that they may even call these people disbelievers.[3] Today, after the collapse of the regime, the country has witnessed what it has witnessed, and they have come out against us showing a different face, which is to purify the country of the idolatry[4] that is embodied in mausoleums and domes. They began by removing them, demolishing them and flattening them to ground level using heavy equipment, and maybe explosives and bombs. Likewise, they dig up graves based on the pretext that it is obligatory to be buried in a Muslim graveyard. The problem has spread extensively. For example, in the city of Misrata, which is where I live, they have demolished thirteen domes, each containing a righteous friend of Allah,[5] virtuous scholar[6] or sheikh from the household of the Messenger of Allah. Indeed, it has reached me that they have even demolished the dome of the revered Companion Abū Sajīf[7] and dug up his grave. My question is: what is the ruling for building mausoleums and domes over graves and what is the ruling for demolishing them after they have been built? And what are we obliged to do in the face of this campaign? Please, ya Sayyidī, provide the relevant evidences. I ask Allah to grant you well-being, to increase you from the abundance of His favour and to reward you with the best of rewards on behalf of this Ummah. We also ask you for your supplications.

Answer ( from the Great Scholar and Martyr, Muammad Saʿīd Ramaḍān al-Būī):

What is agreed upon is that the best graves are the smoothed down ones, and it is disliked (makrūh) to raise a grave. Rather, it is preferred to flatten it and there is no harm in it being a hand span or so above the ground. There is also no harm in it being raised above the ground with a stone or something similar. As for placing a building over the grave, if the grave is in open country or a place that is exposed to damage, i.e. outside the boundaries of a graveyard, then there is no harm in placing a building or an iron fence in order to protect it. As for a grave within a graveyard that has been dedicated as an endowment (waqf) for the deceased to be buried in, it would be unlawful to place a building over it because that would necessitate restricting the space around the grave from being used for the purpose that it was dedicated for. However, if a building would not necessitate such then there is no harm, such as placing a building around a number of graves belonging to the same family, as all the land within the building will be occupied by graves.
Furthermore, as for digging up a grave, it is not permissible unless it is to wash the deceased if they were buried without being washed. As for any other reason, it is not permissible by consensus, even if the deceased were buried without being prayed over, in which case the situation is rectified by praying over the person while they are buried in their grave. As for buildings and domes, it is not permissible to demolish any part of them, with the exception of a building that takes up land from a graveyard dedicated as an endowment and thus restricts its use by other people, for such a building is unlawful and must be demolished.

[This translation is also available from the English Naseem al-Sham site.]





[1] Ar. al-ṣāliḥīn
[2] Ar. tabdīʿ, i.e. they accuse such people of reprehensible innovation
[3] Ar. takfīr
[4] Ar. shirk
[5] Ar. walīālīḥ
[6] Ar. ʿālim fāḍil
[7] (tn): i.e. Abū Sajīf ibn Qays ibn al-Ḥārith ibn ʿAbbas, may Allah be pleased with him, who witnessed the Battle of Yarmouk during the khilāfah of Abū Bakr al-Ṣiḍdīq, may Allah be pleased with him and, and died in Tripoli in what is now modern-day Libya. Please see Imam Ibn ajr al-ʿAsqalānī’s Iṣābah fi Tamyīz al-Ṣaḥābah (Beirut: Dār al-Jayl, 1412/1992), v.7, p.198 for further details.

Thursday, 27 February 2014

The First Wisdom

 من علامة الاعتماد على العمل نقصان الرجاء عند وجود الزلل

A sign that one is relying on one's deeds is the decrease in hope when one makes a mistake

"When you have reached a firm decision, put your trust in Allah." [3:159]

Alhamdulilah, a  translation of Sheikh Ramadan Al-Bouti's, may Allah have mercy on him, commentary on the first hikmah of Imam Ibn Attaillah is now available from the English Naseem Al-Sham site. It can also be downloaded as a PDF file by clicking on the link at the bottom of the page.

And with Allah is every success.

Wednesday, 29 January 2014

The Adab of the Mufti

Dar Al-Hadith, Damascus, where Imam Al-Nawawi used to teach

Alhamdulilah, Chapter 5 of the soon-to-be-published book The Etiquettes of the Scholar and the Learner, which is a translation of the introduction to Imam Al-Nawawi's Al-Majmu', may Allah have mercy on him, has been published by the Journal for Islamic Sciences and is also available for download from the English Naseem Al-Sham site. This chapter deals specifically with the etiquettes of the mufti and the mustafti, i.e. the one seeking a fatwa.

Insha'Allah, the book itself will be published within the coming months, and with Allah is every success.

UPDATE (15/08/2019): Chapter 5 is now available here.


Monday, 30 December 2013

The Khilafah Issue

Surat At-Tawba 9:122



Alhamdulilah, Al-Hajj Abu Ja'far Al-Hanbali has written a very insightful article on the topic of the Khilafah, explaining why so many groups and organisations have failed to bring it about since its demise. The simple reason is that establishing or reestablishing the Khilafah is not the prerogative or responsibility of the layman but rather that of the highest-ranking scholars. Thus, when laymen attempt to accomplish that which is beyond their mandate, Allah is not with them.

As for the highest-ranking scholars, they did meet after the demise of the Ottomans and the conclusions of that meeting have been translated for the first time into the English language:



And with Allah is every success.




Thursday, 14 November 2013

Madness is Rare in Individuals

Book Review: The True Believer: Thoughts on the Nature of Mass Movements by Eric Hoffer (New York: Harper Perennial, 2010)





Blurb: A stevedore on the San Francisco docks in the 1940s, Eric Hoffer wrote philosophical treatises in his spare time while living in the railroad yards. The True Believer –the first and most famous of his books – became a bestseller when President Eisenhower cited it during one of the earliest televised press conferences. Completely relevant and essential for understanding the world today, The True Believer is a visionary, provocative look into the mind of the fanatic and a penetrating study of how an individual becomes one.

The author: Eric Hoffer (1902-1983) was self-educated and lived the life of a drifter through the 1930s. After Pearl Harbor, he worked as a longshoreman in San Francisco for twenty-five years. He is the author of ten books, including The Passionate State of Mind, The Ordeal of Change, and The Temper of Our Time. He was awarded the Presidential Medal of Freedom in 1983 and died later that year.

This book first came to my attention in 2010, after the failed IPCC summit on climate change in Copenhagen in December 2009, followed by the “climategate” emails of the preceding months, had all of a sudden cast doubt on what was arguably the most significant mass movement of the age. The scare was not quite what is had been hyped up to be, but certain people, even to this day, still cling doggedly to the belief that the world is warming up and mankind is primarily to blame, especially through our emission of carbon dioxide. Back in 2010, I noticed that such people were being labelled as “true believers”, and the purport was that such people’s faith never wavered in the slightest, regardless of the ever-emerging cracks or even overwhelming evidence that what they had called for and advocated no longer held up under scrutiny.  For further details, one had to read Eric Hoffer’s book, which was first published in 1951.

In previous blog posts, it has been pointed out the truth is not something that everyone is sincerely seeking, and the proof is that the majority of humanity lives and dies upon other than Islam. Therefore, demonstrating that something is undoubtedly true is not always enough to convince someone, because it is not minds and intellects that are diseased; it is hearts. Furthermore, this book was first mentioned on this blog in relation to a post about the religiosity of the AGW movement, and the lady who appears in the debate with Viscount Monckton would fit the description of the “true believer” perfectly. Again, one can see that the truth is not the primary motivator.