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A Muslim Woman wearing the Khimar (Headscarf) in Turkey's Parliament is an Obligatory Duty and NOT a Favour from Anyone

On Thursday 31st October, four female lawmakers from the ruling Justice and Development Party (AKP) attended Turkey's parliament wearing the Islamic headscarf which had been banned in all public institutions in this secular state for decades. One of these parliamentarians, Nurcan Dalbudak described the act as marking a "milestone for freedom" and stated that 60-70% of women in Turkey wore the headscarf.

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An Answer to the Message Concerning Irregularities of the Hizb in the Era of Sheikh Abdul Qadim Zallum (Rahimahullah) To Mounir Youka (Translated)

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The Message

Assalamu Alaikum wa Rahmatullahi wa Barakatahu,

Respected, venerable Scholar Ata' Abu al-Rashtah,

I and other dissidents from the Hizb from the period of the Sheikh Abdul Qadim Zallum (Rahimahullah) residing in the European countries... We wanted to join the dissident brothers in Jordan, were it not for the fact that we saw them on the same approach that made us disagree with the Hizb. In this regard, we seek to clarify our idea in the era of the new officials so we might find open ears, receptive to the truth, so that it may prevail from either side, be out from ours or yours.

Then we will not hesitate to return to work with the Hizb... This of course, when one of the sides is convinced of the evidence put forward by the other side and commits to it.

If I told you that the Hizb, after it had clarified the way to establish the State of Islam, it contradicted it...Everyone would wonder: How?!
I have definite proof from the book, The Islamic Personality: Vol. I.

I ask you to follow me patiently, so I will reveal the matter to you step by step from this book.

Everyone knows that the Hizb's culture is high-level Islamic culture, especially in terms of perception of the reality of the problem, the reality of change and the correct way for intellectual revival (Alhamdulillah). However, the Hizb fell into error in terms of how to form the Islamic personality (mentality and disposition) within their Shabab, and those whose role it is to define the content (of ideas) which is given to the Ummah and how this content is given to this audience.

The book The Islamic Personality: Vol. I contains the following: "Formation of the Islamic Shaksiyyah is accomplished only by building both the thoughts and the desires of the individual on the basis of the Islamic ‘Aqeedah. The development of the Shaksiyyah does not end here. There is no guarantee that the Shaksiyyah will remain based on the Islamic ‘Aqeedah, as deviation from the ‘Aqeedah might occur either in man's thinking, or in his inclinations or even in both. Deviation may come through Kufr (misguidance) or Fisq (transgression). Constant observation of building thoughts and inclinations on the basis of the Islamic ‘Aqeedah must be maintained at every moment in life for the individual to remain an Islamic Shaksiyyah."

We conclude from this that the composition of the Islamic personality does not occur except with formation of mentality and disposition together within an individual, with continuous monitoring or observation of the subject (personality) and continuous input. After this the author adds in the same book concerning the same topic:

"After the initial formation of the Shaksiyyah, work is focused on maintaining it by developing the Aqliyyah and the Nafsiyyah. The Nafsiyyah is developed through worshipping the Creator and drawing closer to Him by doing acts of obedience, and by constantly building every desire for anything on the Islamic ‘Aqeedah. Development of the ‘Aqliyyah is achieved by the explanation of thoughts built on the Islamic ‘Aqeedah and conveying them through the Islamic Thaqafah [culture]."

Notice with me the phrase "After the initial formation of the Shaksiyyah, work is focused on maintaining it". This means that the exertion in effort to do acts of worship and education comes after the refinement of the Islamic personality in mentality and disposition, meaning thought and inclination.

He adds: "This is the method for forming and developing the Islamic Shaksiyyah. It is the same method utilized by the Prophet (saw) to call people to Islam and the Islamic ‘Aqeedah. Once they embraced Islam, he (saw) strengthened this ‘Aqeedah within them and ensured that they were committed to building their thoughts and inclinations on this basis."

He further adds: "In conclusion, the starting point with any human being is establishing the correct ‘Aqeedah within him, and then building the thoughts and inclinations on this basis; afterwards effort needs to be exerted in performing acts of obedience and acquiring the correct thoughts."

Here it becomes evident to us that the work assigned to the Hizb is the composition of both the mentality and the disposition, which inevitably leads to the formation of the Islamic personality, with every meaning that falls under this name, as the personalities of the companions and not what we (unfortunately) see in our situation.

The mistake made by the Hizb since its inception, which stands in contrast to what was adopted from thoughts, therefore being contrary to the method the Messenger of Allah (saw), is the lack in cultivation of the personalities of their Shabab. The Shabab were assigned and entrusted with its cultivation, thus it was made an individual responsibility and not the responsibility of the Hizb. Whereas the Messenger of Allah (saw) was the one who was constrained with this burden. In his capacity as the leader of the Hizb he was preaching his companions from time to time, observing and reassuring their obedience, their performance of good deeds, their prayers, their nightly prayers, and their morals. Thus creating from his companions men and Dawah carries who talked the talk and walked the walk, not like what we see in our time from Da'wah carriers merely calling for ideas instead of being living examples of them...wa Allahu al-Musta'an.

Your Brother Munir

Answer to the Message

Wa Alaikum Assalaam wa Rahmatullahi wa Barakatahu,

I had a look at your message in which you said:

"I and other dissidents from the Hizb in the era of the Sheikh Abdul Qadim Zallum (Rahimahullah) residing in the European countries...We wanted to join the dissident brothers in Jordan, were it not for the fact that we saw them on the same approach that made us disagree with the Hizb. In this regard, we seek to clarify our idea in the era of the new officials so we might find open ears, receptive to the truth, so that it may prevail from either side, be out from ours or yours. Then we will not hesitate to return to work with the Hizb... This of course, when one of the sides is convinced of the evidence put forward by the other side and commits to it."

Although your message is what it is...I will take it from the angle of the benefit of the doubt:

You cite from Islamic Personality: Vol. I, saying:

"After the initial formation of the Shaksiyyah, work is focused on maintaining it by developing the Aqliyyah and the Nafsiyyah. The Nafsiyyah is developed through worshipping the Creator and drawing closer to Him by doing acts of obedience, and by constantly building every desire for anything on the Islamic ‘Aqeedah. Development of the ‘Aqliyyah is achieved by the explanation of thoughts built on the Islamic ‘Aqeedah and conveying them through the Islamic Thaqafah."

You comment on this with the following statement:

"The mistake made by the Hizb since its inception, which stands in contrast to what was adopted from thoughts, therefore being contrary to the way the Messenger of Allah (saw), is the lack in cultivation of the personalities of their Shabab. The Shabab were assigned and entrusted with its cultivation, thus it was made in individual responsibility and not the responsibility of the Hizb. Whereas the Messenger of Allah (saw) was the one who was constrained with this burden. In his capacity as the leader of the Hizb he was preaching his companions from time to time, observing and reassuring their obedience..." End of citation.

Before commenting on what you have gotten confused, I ask you:

Is not Sheikh Abu Ibrahim (Rahimahullah) the author of the book Islamic Personality?

Was it not him who wrote these lines you have quoted?

Does he not have the strongest understanding of what he wrote?

Did he not lead the Hizb for 25 years? Could anyone be more aware of what he wrote on this issue?

Is it not so?

How can you cite the words of the Sheikh and accuse him of violating what he wrote, since the inception of the Hizb, as you say?!
This saying is incorrect. The Sheikh (Rahimahullah) wrote these great lines which you have cited, he is most aware of what he wrote, and has the deepest understanding of it, and he is the most attentive to its implementation, because he was the one who wrote and adopted it!
It was possible for me not to answer you at all, because you have deviated left and right, but I preferred to answer you.
So let us look at what you have mentioned:

You carry the view that the Hizb has left the cultivation of the personalities to individuals, instead of taking care of it by the Hizb, saying that the Prophet (saw) did not leave it to individuals, "Whereas the Messenger of Allah (saw) was the one who was constrained with this burden. In his capacity as the leader of the Hizb he was preaching his companions from time to time, observing and reassuring their obedience..."

How did you understand from this that the Hizb is at odds with the Prophet (saw) since the inception of the Hizb, as you say?!

Yes, the Prophet (saw) preached to them and showed them the obligations and the preferable acts, encouraging them to perform what is preferable, telling them what was reported by al-Bukhari from Abu Hurayrah, who said: "The Messenger of Allah (saw) said:«إِنَّ اللَّهَ قَالَ... وَمَا تَقَرَّبَ إِلَيَّ عَبْدِي بِشَيْءٍ أَحَبَّ إِلَيَّ مِمَّا افْتَرَضْتُ عَلَيْهِ، وَمَا يَزَالُ عَبْدِي يَتَقَرَّبُ إِلَيَّ بِالنَّوَافِلِ حَتَّى أُحِبَّهُ، فَإِذَا أَحْبَبْتُهُ: كُنْتُ سَمْعَهُ الَّذِي يَسْمَعُ بِهِ، وَبَصَرَهُ الَّذِي يُبْصِرُ بِهِ، وَيَدَهُ الَّتِي يَبْطِشُ بِهَا، وَرِجْلَهُ الَّتِي يَمْشِي بِهَا، وَإِنْ سَأَلَنِي لَأُعْطِيَنَّهُ، وَلَئِنِ اسْتَعَاذَنِي لَأُعِيذَنَّهُ... "Allah said...My servant seeks my nearness with nothing dearer to me than what I have obliged on him, my servant does not stop seeking closeness to me through the voluntary acts until I love him, for if I love him: I become his hearing with which he hears, and his sight with which he sees, and his hand with which he strikes, and his leg with which he walks, and when he seeks refuge with me, I will provide refuge to him..."

Now I ask you: Have you had a look at the Hizb's publications, press releases and letters, through which it encourages the Shabab to perform good deeds through all possible doors?

Have you had a look at the book Nafsiyyah [Islamic Disposition], which was published by the Hizb and made a condition for becoming a member of the Hizb for any Shab?

Then have seen the great luminous models from the Hizb's Shabab in their strife and their struggle?

Have you seen their suffering in the prisons of the oppressors and their torture until martyrdom?

Did you know that there are some of them are fought in every possible manner, and some of them do not see their families or their children except with greatest difficulty?

For almost 60 years now we have gone through hardship and various misfortunes. The Messenger of Allah (saw) spoke the truth when he addressed his Companions (ra):فَإِنَّ مِنْ وَرَائِكُمْ أَيَّامًا الصَّبْرُ فِيهِنَّ مِثْلُ القَبْضِ عَلَى الجَمْرِ، لِلْعَامِلِ فِيهِنَّ مِثْلُ أَجْرِ خَمْسِينَ رَجُلًا يَعْمَلُونَ مِثْلَ عَمَلِكُمْ» قَالَ عَبْدُ اللَّهِ بْنُ المُبَارَكِ: وَزَادَنِي غَيْرُ عُتْبَةَ قِيلَ: يَا رَسُولَ اللَّهِ أَجْرُ خَمْسِينَ رَجُلًا مِنَّا أَوْ مِنْهُمْ. قَالَ: بَلْ أَجْرُ خَمْسِينَ رَجُلًا مِنْكُمْ» "Ahead of you lie the days of steadfastness, as if one were to grip the burning coal, the one that lives through them will attain the recompense of fifty men who undertake the likes of your actions." Abdullah Bin al-Mubarak said: "The threshold was even raised when it was said: Oh Messenger of Allah, the recompense of fifty men like us or like them?" He (saw) said: "The recompense of fifty men of your likes." [Reported by at-Tirmidhi from Abu Tha'laba al-Khashniy]

Do you think any of us could remain steadfast unless his personality was pure and wholesome?

Could anyone continue with this great Da'wah except the one who owns a great personality, through the permission of Allah?

Oh Munir, may Allah enlighten your path, you are not doing the Hizb nor its Shabab not even yourself justice. You have left a great obligation, staying passive, because you have confused the meaning of those words. You laid back and now sit passively with those sitting!
In conclusion, the truth is more deserving of being followed. Study the Seerah of the Prophet (saw), and study the journey of the party well, and re-read what you have cited from the Islamic Personality: Vol. I, with deep reflection and insight. Review the publications of the Hizb, its press releases and its address to the Shabab in its letters, and then reflect on the book Nafsiyyah [Islamic Disposition]. Perhaps you will find your mistake, and Allah guides to the straight path.

 

Your Brother,

Ata Bin Khalil Abu Al-Rashtah

Link to the answer from the Ameer's Facebook page

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The Answer to the Question: About the Islamic Dress of the Woman To: Hassan Ali Ali (Translated)

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Question

Assalamu Alaikum

My question concerns the Hijab, whether it is obligatory based on evidence or stems from tradition, imposed to distinguish the free from the slave woman.

"Originally the hijab is a legal ruling with class significance, aimed at differentiating the free from the slave woman. This was the understanding of the companions: When Umar Ibn al-Khattab used to perambulate al-Madinah and see a slave women veiled, he would hit her with his famous strike such that the veil would drop from her head and say: "Are the slave women imitating the free women?" Finally I would like to say that in a time where there is no slavery or slaves - Alhamdulillah - then the reason for wearing the Jilbab (outer garment) has been suspended. There is nothing in the Qur'an nor in the Sunnah that states the imposition of the Hijab to prevent Fitnah or vice. Who claims this is a sinner as he has invented a lie against Allah, whereas the woman who wears the Hijab because it lies within the customs of her people or her community does not commit any error, as long as she understands that wearing the veil is not an obligation from Allah Almighty.

Whereas the women who wears the Hijab and calls to it, believing that Allah has commanded it, is committing a great sin, because she has assigned to the legislation of Allah from people who have imposed laws that did not come neither from Allah nor from His Messenger. Such woman has misled from the message of the Qur'an and its straight path. The Hijab is not an Islamic obligation but a social custom that existed before Islam and has nothing to do with religions at all. It is from the most dangerous things that we confuse the customs and traditions with what was commanded by Allah in the Holy Book, because the claim that any habit comes from Allah is a false claim, similar to polytheism and lying in the right of Allah Almighty."

I kindly ask you to comment on this statement, Barakallahu Bikum, may Allah guide us and you.

Answer

Wa Alaikum Assalaam wa Rahmatullahi wa Barakatahu,

The legal evidence for the Islamic dress of the woman is clear and explicit. This dress code does not stem from the habits of people, to be left if it was left by the people and to be abided by if they abided by it. Rather it is an obligation imposed on the women by Allah Almighty:

The Shar'iah has imposed a specific dress code (libas Shar'i) on women when leaving the house into public life. It has enjoined on women to have a cover worn over their clothes when they leave the house to the market or to walk on public ways. They are obliged to wear a Jilbab in its Shar'i meaning, to be worn over her clothing, which she drapes down to the bottom such that it covers her feet. If she does not own a Jilbab, she will have to borrow one from her neighbor or friend or relative. If she leaves the house without wearing a Jilbab over her clothing, she will have sinned, because she has left an obligation imposed by Allah. This concerns the lower garment of women.

As for the upper dress, the woman has to wear a Khimar, or what is similar to one, as long as it covers the entire head, the entire neck and the entire collar opening on the chest. This has to be ready to go out to the market, or walk on public ways, meaning that it constitutes the upper dress in public life. If the woman does not own these two garments, she is not allowed to leave the house under any circumstance, because the command of these two garments came in a general manner, such that it remains general under all circumstances, as it was absolutely unaccompanied by a specifying condition.

The evidence of the obligation of these two garments for public life is the saying of Allah Almighty concerning the upper garment:


وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا ۖ وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَىٰ جُيُوبِهِنّ

"and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests" [An-Nur: 31]

And His saying concerning the lower garment:

يَا أَيُّهَا النَّبِيُّ قُلْ لِأَزْوَاجِكَ وَبَنَاتِكَ وَنِسَاءِ الْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِنْ جَلَابِيبِهِنَّ

"O Prophet, tell your wives and your daughters and the women of the believers to bring down over themselves [part] of their outer garments." [Al-Ahzab: 59]

Also what was narrated from Umm ‘Atiyah, who said:
أَمَرَنا رسولُ اللهِ أن نُخْرِجَهُنَّ في الفِطْرِ والأضحى، العواتقَ والحُيَّضَ وذواتِ الخدورِ، فأما الحيّضُ فيَعْتَزلْنَ الصلاةَ وَيَشْهَدْنَ الخَير، ودعوةَ المسلمين. قلت يا رسولَ اللهِ إحدانا لا يكونُ لها جلبابٌ، قال: لِتُلْبِسْها أختُها من جِلبابِها

"The Messenger of Allah (saw) ordered that the women leave the houses for Eid al-Fitr and Eid al-Adha, even the adolescent girls, the menstruating women and the virgins. As for the menstruating women, they were to retire from prayer and watch the goodness and the invitation of the Muslims. I said: "Oh Messenger of Allah, some of us do not own a Jilbab." He said: "Let her wear a Jilbab from her sister." Narrated by Muslim.

This is explicit evidence on the significance of the women's dress in public life. Allah Almighty has precisely and comprehensively described this dress code which he has enjoined on women to wear in public life in these two Ayat. He (swt) said pertaining to the women's upper dress:

وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَىٰ جُيُوبِهِنَّ

"and to wrap [a portion of] their headcovers over their chests" [An-Nur: 31]

Meaning to drape down their head coverings over their necks and chests, to hide what appears from the shirt collar, the neck and chest.
He (swt) said concerning the women's lower dress:

يُدْنِينَ عَلَيْهِنَّ مِنْ جَلَابِيبِهِنَّ

"to bring down over themselves [part] of their outer garments." [Al-Ahzab: 59]

Meaning to drape down their outer garments which they wear over their clothing for leaving the house, draping it down to the bottom.

Concerning the general style of this dress He (swt) said:

وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا

"and not expose their adornment except that which [necessarily] appears thereof" [An-Nur: 31]

Meaning not to show the places of adornment from their bodies, like the ears, arms, legs and so on, except what was shown in public life when this Ayah was revealed in the era of the Prophet (saw), constituting the face and the hands. Thus the dress of women in public life and its style are clarified in this exact description through unmistakable evidence. The Hadeeth of Umm 'Atiyah demonstrates frankly the obligation of women to wear a Jilbab over their clothing when going out. For when she told the Prophet (saw): «إحدانا لا يكونُ لها جلبابٌ» "One of us does not own a Jilbab"

He (saw) replied: «لِتُلبسْها أختُها من جِلبابِها» "She shall wear a Jilbab from her sister"

As if she had told the Prophet (saw): "If the woman does not own a Jilbab to wear over her clothing to leave the house in it?" He (saw) ordered that her sister shall borrow her a Jilbab. This implies that if she did not borrow a Jilbab, the woman cannot go out. This is an indication that the command in this Hadeeth came in the form of an obligation. So the woman has to wear a Jilbab over her clothing if she wants to go out, other than that she may not go out.

The Jilbab is required to drape down to even cover the feet, because Allah says in the Ayah:

يُدْنِينَ عَلَيْهِنَّ مِنْ جَلَابِيبِهِنَّ

"to bring down over themselves [part] of their outer garments." [Al-Ahzab: 59]

Meaning to drape down their Jalabeeb, because مِن "part/from" does not come in a selective manner, rather as a clarification. So they drape down the Jilbab to the bottom, because it was narrated from Ibn 'Umar who said that the Messenger of Allah (saw) said:

مَنْ جَرَّ ثَوْبَهُ خُيَلاَءَ لَمْ يَنْظُرِ اللَّهُ إِلَيْهِ يَوْمَ الْقِيَامَةِ فَقَالَتْ أُمُّ سَلَمَةَ فَكَيْفَ يَصْنَعْنَ النِّسَاءُ بِذُيُولِهِنَّ قَالَ يُرْخِينَ شِبْرًا فَقَالَتْ إِذًا تَنْكَشِفُ أَقْدَامُهُنَّ قَالَ فَيُرْخِينَهُ ذِرَاعًا لاَ يَزِدْنَ عَلَيْهِ

"Whoever drags his garment behind him in vanity, Allah will not look at him on the Day of Resurrection. Umm Salamah said: "What shall the women do with their garments?" He (saw) said: "They shall shorten it by a palm." She said: "Then their feet will be exposed." He (saw) said: "Then they shall shorten it by an arm's length but no more." Narrated by Tirmidhi, who said this Hadeeth is Hasan Sahih.
This clearly indicates that the Jilbab worn over the clothing should drape down to the bottom until it covers the feet. If the feet are covered by socks or shoes, this does not obviate the draping down until the feet in a way to indicate such draping down. There is no need for it to cover the feet because they are already covered, but there has to be draping down, meaning that the Jilbab drops down to the bottom to apparently reach the feet, such that it is obviously a garment for public life to be worn by the woman in public. It has to demonstrate draping down to comply with His (swt) saying(يُدْنِينَ) meaning "draping down".

As you can see, it is a dress code clearly defined in explicit texts, without ambiguity in its meaning. Therefore the Prophet (saw) when asked by Umm ‘Atiyah about leaving the house without owning a Jilbab, he (saw) answered her that she shall borrow from her neighbor or abstain from going out. This is strong evidence for the Shar'i obligation of this dress code.

 

Your brother,
Ata Bin Khalil Abu Al-Rashtah

 

 

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

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News & Comment Is It They who Apportion the Mercy of Your Lord?

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News:

The Standard Newspaper on Thursday 31st October 2013 reported that the Government plans to vigorously promote a policy requiring women to have only two children. The move comes after the realization that the country can no longer sustain the population at the current birth rates of more than four children per woman. The Kenya Population Situation Analysis released on Wednesday this week by the Ministry of Devolution and Planning says the demand for children is still big in Kenya and must be managed downwards. '' The demand for children is still high and is unlikely to change unless substantial changes in desired family size are achieved among the poor in general, notable in northern arid and semi-arid areas of the country'' says the analysis, the first of its kind to be done in any African country.

Comment:

According to the UNFPA, the world population of 7.2 billion in mid-2013 is projected to increase by almost one billion people within the next twelve years. It is projected to reach 8.1 billion in 2025, and to further increase to 9.6 billion in 2050 and 10.9 billion by 2100. Much of the overall increase between 2013 and 2050 is projected to take place in high-fertility countries, mainly in Africa and Asia. In contrast, the population of the more developed regions is expected to change minimally, passing from 1.25 billion in 2013 to 1.28 billion in 2100. The net increase is due largely to migration from developing to developed countries.

A closer look at such statistics reveals they are intended to raise alarm on the perceived threat that current population growth rates pose to the world. The basis on which they are based is the Capitalist ideology which presumes that we leave in world with unlimited needs and scarce resources i.e. the economic problem facing the world is that of production. This means that any rapid growth in population leads to a strain on the scarce resources which is likely to result into conflict among nations. Such a view led to many so-called developed countries to encourage population controls through massive campaigns in family planning. Europeans have generally been having fewer children due to the decision of many parents to delay having a family. A total fertility rate of around 2.1 live births per woman is considered to be the replacement level while Europe currently has a level below 1.5. This has had a devastating effect as the labour force rapidly ages without any replacement from new births. Surprisingly, when migrants from mostly Muslim countries try to bridge the gap, complaints are raised about population explosion! The idea of population controls has also brought other undesirable effects like child trafficking and abortions. Children are trafficked for adoptions while abortions are common in many countries. It is of great concern that a country like Kenya claims that the population growth rate is very high yet we have vast swathes of uninhabited land that lies idle due to neglect. Curiously, the statistics stress on rapid population growth in arid and semi-arid areas which are mostly inhabited by Muslims. Could this be a sinister move to control the Muslim population? It is also a wonder that with its claim of most developed economy in the region, Kenya has failed to nurture and fully utilize the abundant human resource available as we see University graduates still doing menial jobs! The greed by the wealthy minority to consolidate more riches compels them to fear the poor majority that might one day rise up against them. That is why for over a century, we have been hearing of such alarmist statistics on population growth rates.

Islam as an ideology has a solution as it views the economic problem as being that of distribution of wealth and not production as viewed by Capitalism. Thus, the State provides an enabling environment in which all citizens have access to income generating activities and those that are unable get State help in terms of Zakah and Grants from the State Treasury (Bait ul-Mal). In fact, Islam encourages progressive birth rates as the youth form the backbone of any State that wishes to have advanced development. The world has got vast resources that are enough to satisfy all our needs and at no time can the human race fill the whole world as our Creator placed a natural way to balance the population through deaths.

 

Written for the Central Media Office of Hizb ut Tahrir by
Kassim Agessa
Member of Media Office of Hizb ut Tahrir in East Africa

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Why Muslims Should NOT Use "Personal Freedom" or "Human Rights" to Argue Against Niqab Bans - PART 1 -

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As the attack on the niqab by politicians and the media intensifies in Britain, Canada, and other Western secular states, Muslims have once again felt pressure to defend yet another of their Islamic practices and to argue against its ban. There is no doubt that it is not a piece of cloth that is on trial here but the latest face of the attack on Islamic values and beliefs. It follows the hysteria created around the jilbab, Shariah, polygamy, and Islam's segregation of the genders, as well as its view on marriage and divorce, homosexuality, gender roles, politics, judicial punishments, and even the concept of one Ummah, amongst many other issues, including insults against the Qur'an and our beloved Prophet (saw). Therefore, whether as Muslims we view the face veil as an Islamic obligation, recommendation, or something that is simply permitted for the woman, the fact that it is based upon a valid Islamic opinion and that it is Islam that is on trial here and not just the niqab, means that we must all respond to this latest assault on our deen. But the question is how?

Some have adopted the approach of using "personal freedom" or "human rights" that are enshrined in law within Western secular states to argue the right to wear the niqab. However, just as we passionately defend our Islamic practices in order to fulfil our obligations to Allah (swt) in accordance with His Commands, the basis upon HOW we respond and present our arguments against such attacks should also be in accordance to the dictates of our deen. With this in mind, it must be understood that "personal freedom" is a concept that has no place in Islam. Rather, it is a value that fundamentally contradicts the Islamic Aqeedah for it originates from the man-made secular way of life and liberal ideals that believe that God should have no say in the organisation of the affairs of life and that individuals should be permitted to perform actions, legislate, and live their lives according to their own whims and desires, rather than in line with religious laws. In stark contrast, Islam states that the Creator (swt) is the legislator in all spheres of life. And it commands us as believers to be a slave to Allah (swt) and NOT a slave to our whims, but rather to perform actions and to mould, regulate, and fulfil our desires according to the Laws and Limits laid down by our Creator in the Qur'an and Sunnah. Allah (swt) says in Surah Al-Furqan,

((أرَءَيۡتَ مَنِ ٱتَّخَذَ إِلَـٰهَهُ ۥ هَوَٮٰهُ أَفَأَنتَ تَكُونُ عَلَيۡهِ وَڪِيلاً (٤٣) أَمۡ تَحۡسَبُ أَنَّ أَڪۡثَرَهُمۡ يَسۡمَعُونَ أَوۡ يَعۡقِلُونَ‌ۚ إِنۡ هُمۡ إِلَّا كَٱلۡأَنۡعَـٰمِ‌ۖ بَلۡ هُمۡ أَضَلُّ سَبِيلاً))

"Have you (O Muhammad) seen him who has taken as his ilah (god) his own desire (Hawah)? Would you then be a Wakil (disposer of his affairs) over him? Or do you think that most of them hear or understand? They are only like cattle; nay they are even farther astray from the Path." [Al-Furqan: 43-44]

He (swt) also says,

((فَلَا وَرَبِّكَ لَا يُؤۡمِنُونَ حَتَّىٰ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيۡنَهُمۡ ثُمَّ لَا يَجِدُواْ فِىٓ أَنفُسِہِمۡ حَرَجً۬ا مِّمَّا قَضَيۡتَ وَيُسَلِّمُواْ تَسۡلِيمً۬ا))

"But no, by your Lord, they can have no Iman, until they make you the judge in all disputes between them, and find in their souls no resistance against your decisions but accept them with the fullest conviction." [Al-Nisa: 65]

In addition, these liberal freedoms implemented within Western and other secular societies are the basis upon which men and women are permitted to dress publically in a sexually provocative way and to engage in extramarital relationships, even adultery. They are the basis upon which businesses and the advertising, entertainment, and pornography industries are given license to expose, objectify, and sexualise the bodies of women for profit. And they are the basis upon which insults against the Qur'an, our beloved Prophet (saw) and our deen are accepted, entertained and even encouraged within societies that sanctify freedom of expression. All of this has wreaked havoc within states, as warned by Allah (swt),

((وَلَوِ ٱتَّبَعَ ٱلۡحَقُّ أَهۡوَآءَهُمۡ لَفَسَدَتِ ٱلسَّمَـٰوَٲتُ وَٱلۡأَرۡضُ وَمَن فِيهِنَّ‌ۚ بَلۡ أَتَيۡنَـٰهُم بِذِڪۡرِهِمۡ فَهُمۡ عَن ذِكۡرِهِم مُّعۡرِضُونَ))

"If the truth had been in accord with their desires, truly the heavens and the earth and all beings therein would have been in confusion and corruption! Nay we have sent them their admonition but they turn away from their admonition." [Al-Mu'minun:71]

None of this can we possibly accept as Muslims, and therefore not only must we reject these liberal freedoms but we should NEVER use such a corrupt concept to defend our right to practice our honourable, noble Deen. Furthermore, the ideal of "Human Rights" as defined by secular institutions such as the UN or the European Court of Human Rights is not a universal value common to all human beings regardless of religious belief, nor are they simply associated with the right of individuals to the protection for example of their life, property, or religion. Rather such "human rights" also have a non-Islamic ideological basis for they stem from the preservation of liberal freedoms. In the pre-amble to the UN Declaration of Human Rights, it states, "Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms", which essentially refers to liberal freedoms, including the right of individuals to leave their faith and pursue any sexual relationship they desire, which contradicts Islam.

Alongside this, we have witnessed countless times the erratic, unpredictable and hypocritical manner by which secular governments and institutions implement such freedoms which can be here today and gone tomorrow based on the prejudice of their people or the whims of rulers and judges, as demonstrated by hijab, niqab, and even minaret bans within various liberal states such as France, Belgium, and Switzerland. In 1998, even the European Court of Human Rights (ECHR) (the highest human rights court in Europe) in a case against Turkey's hijab ban in public buildings, ruled in favour of upholding the ban, justifying their decision on the basis of protecting the secular basis of Turkey. In 2004, the ECHR also ruled in favour of the French hijab ban in state schools, commenting that the actions of the French government did NOT violate "freedom of religion" and that such bans issued in the name of separating church and state (i.e. to protect secularism) could be considered "necessary in a democratic society". It is clear therefore that personal freedom and human rights under secular states and institutions are guaranteed only for those who tow the secular line - that is those who limit the practicing of their religious faith to their homes and mosques and away from public life - which Muslims who adhere to their Islamic obligations do not, and cannot conform to. So as Muslims, how can we base our arguments upon this ‘elastic' concept that contradicts Islam and has no fixed basis but rather can change like the wind, according to the misconceptions, misinformation, and bigotry towards Islam present within societies?

So as Muslims, we should reject such non-Islamic ideas and not use them as the basis to formulate our arguments against attacks on our deen or to protect the right to practice our Islamic beliefs. Rather, our response to calls for bans on the niqab or any other aspect of our deen should be based upon Islam alone.

((فَٱحۡڪُم بَيۡنَهُم بِمَآ أَنزَلَ ٱللَّهُ‌ۖ وَلَا تَتَّبِعۡ أَهۡوَآءَهُمۡ عَمَّا جَآءَكَ مِنَ ٱلۡحَقِّ‌ۚ لِكُلٍّ۬ جَعَلۡنَا مِنكُمۡ شِرۡعَةً۬ وَمِنۡهَاجً۬ا‌ۚ ))

"So judge between them by that which Allah hath revealed, and follow not their desires away from the truth which hath come unto thee. For each We have appointed a divine law and a traced-out way." [Al-Maeda: 48]

 

Part 2 of this article will address how Muslims should respond to this attack on the niqab.

 

Written for the Central Media Office of Hizb ut Tahrir by
Dr. Nazreen Nawaz
Member of the Central Media Office of Hizb ut Tahrir

 

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News & Comment Azerbaijan's New Educational Strategy is Doomed to Failure  

  • Published in News & Comment
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News:

On the 25th of October 2013 Azernews reported that the President of Azerbaijan Ilham Aliyev, introduced an education development strategy to create an economically stable education system with infrastructure based on up-to-date technologies and qualified teachers. A cabinet of Ministers have been given five months to submit a plan of action and development goals are to be reviewed annually.

 

Comment:

Since Azerbaijan achieved independence from Russia the topic of adopting a new education structure has been put on the agenda of the Parliament each year, but to no avail. The low level of public spending on education has resulted in decreased faculty salaries, which in turn resulted in a system rife with corruption and inequality affecting all levels of society from elementary schools to universities. The level of education given at secondary schools does not adequately prepare students for university entrance exams and some teachers intentionally withhold information that will be on the exams in order to set the students back.  21 years after independence from Russia, secular Azerbaijan is therefore still in the process of defining appropriate educational standards and curriculums - a sad reality mirrored within other countries in the region that have also adopted the secular political system and who share the same corruption, inefficiencies, and poor state education structures. In 2010, the Telegraph reported that according to Indem, a Moscow-based think tank, paying for good school exam results, for entrance into university, and to pass university courses is a multimillion dollar industry in Russia.

The secular Azerbaijan leadership has failed to meet the basic educational needs of its people due to its adoption of the liberal secular approach to policy making. This is collaborated by the fact that secular nations such as the US and UK with long standing educational infrastructures that have had plenty of time to refine their systems are also failing their students. A report released in April 2013 reveals that 1 In 4 Americans are completing high school late and that students lag far behind other countries. Chester Finn, a former senior US Education Department official stated that "...despite all of the reforming, the gains are so modest, they ought to serve to energize and even panic today's policymakers" President Ilham's new strategies are therefore doomed to failure, just like those of years past for they are neither sincere nor sound. This is because they are partial cosmetic changes implemented under a man-made system that is inherently flawed and that has been demonstrated the world-over to have failed nations.

A brighter future for education in Azerbaijan can only be secured by the return to the Islamic education system under the Khilafah "Caliphate". Under this state, the Muslim lands led the world in innovation and learning with international dignitaries sending their youth to be educated in our world class universities and institutions. This was due to the complete application of the Islamic ideology that truly values education, views it as a basic right of every citizen - male and female, has a sound economic system to fund it adequately, and encourages individuals to excel in every field of life for the good of humanity, including in academia, technology, medicine, and science. This first-class education system will return once again upon the rebirth of this state in the region. The draft constitution of Hizb ut Tahrir for the Khilafah "Caliphate" states: "It is an obligation upon the State to teach every individual, male or female, those things which are necessary for life. This should be provided freely to all and should be done in the primary and secondary levels of education. The State should, to the best of its ability, provide the opportunity for everyone to continue higher education free of charge." It is therefore, only with a return to this tried, tested, and successful political model as defined by Islam that Azerbaijan's education crisis can be resolved.

 

Written for the Central Media Office of Hizb ut Tahrir by

Imrana Mohammad

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