Monday, December 28, 2015

Leadership in Islam

Islamic leadership

leadership in Islamic history:
After Muhammad's death, the disputed question of who should be the successor (Caliph) to Muhammad's political authority led eventually to the division of Islam into Sunni and Shia. Sunni's believe that he should be elected, whereas Shia believe in divinely ordained infallible twelve Shi'a Imams for leadership after Muhammad.

THE CONCEPT OF LEADERSHIP IN ISLAM:
In the Holy Quran Allah addresses human beings as his representatives or vicegerents on the earth providing them with all the necessary skills, principles and tools to lead their lives towards glory and also to lead others towards realizing their fullest potential.
"It is He Who hath made you (His) agents, inheritors of the earth: He hath raised you in ranks, some above others: that He may try you in the gifts He hath given you: for thy Lord is quick in punishment: yet He is indeed Oft-forgiving, Most Merciful" (Al-An'âm 6: 165)

Democracy in Islam:

Consultation (Shura)
Democracy
Topics to vote for
Life world only, not religious topics.
Everything.
Who can vote
Chosen people.
Everyone.
So by mercy from Allah , [O Muhammad], you were lenient with them. And if you had been rude [in speech] and harsh in heart, they would have disbanded from about you. So pardon them and ask forgiveness for them and consult them in the matter. And when you have decided, then rely upon Allah . Indeed, Allah loves those who rely [upon Him].  (3:159)

Source of leadership:
-       And if they incline to peace, then incline to it [also] and rely upon Allah . Indeed, it is He who is the Hearing, the Knowing. But if they intend to deceive you - then sufficient for you is Allah . It is He who supported you with His help and with the believers. And brought together their hearts. If you had spent all that is in the earth, you could not have brought their hearts together; but Allah brought them together. Indeed, He is Exalted in Might and Wise. (8:61-63)
-       Say, "O Allah , Owner of Sovereignty, You give sovereignty to whom You will and You take sovereignty away from whom You will. You honor whom You will and You humble whom You will. In Your hand is [all] good. Indeed, You are over all things competent. You cause the night to enter the day, and You cause the day to enter the night; and You bring the living out of the dead, and You bring the dead out of the living. And You give provision to whom You will without account." (3:26-27)




Riyad-as-Saliheen
By Al-Imam Abu Zakariya Yahya bin Sharaf An-Nawawi Ad-Dimashqi
The book of Miscellany
Chapter 81 : Undesirability of Aspiring for Office 
[674-677 of 1896]


Allah, the Exalted, says:
"That home of the Hereafter (i.e., Jannah), We shall assign to those who rebel not against the truth with pride and oppression in the land nor do mischief by committing crimes. And the good end is for the Muttaqun (the pious and righteous persons)." (28:83)
674. 'Abdur-Rahman bin Samurah (May Allah be pleased with him) reported: The Messenger of Allah (PBUH) said to me, "Do not ask for position of authority. If you are granted this position without asking for it, you will be helped (by Allah) in discharging its responsibilities; but if you are given it as a result of your request, you will be left alone as its captive. If you take an oath to do something and then find a better alternative, you should adopt the latter and expiate for your oath." [Al-Bukhari and Muslim].
Commentary: By rulership is meant caliphate or any other rank affiliated to its hierarchy. Yet, it is undesirable to be eager or to strive for such an extraordinary position as it entails a heavy responsibility and one may face a sufficient difficulty in being absolved from it. However, if a man gets it without solicitation, he should accept it. The other part of the Hadith concerns swearing. Somebody takes an oath to do something but he finds another work more rewarding and righteous. In such a situation he is advised to dissolve his oath and make expiation for it. Thereafter, he will be free to avail the advantageous option. As for the expiation of breaking an oath, there are four options: to set free a slave, or to feed an average-quality food to ten needy persons, or to provide clothes to them; and the expiator who cannot afford all that, should observe fasting for three days.
675. Abu Dharr (May Allah be pleased with him) reported: Messenger of Allah (PBUH) said to me, "O Abu Dharr, I see that you are weak and I like for you what I like for myself. Do not rule over (even) two persons, and do not manage an orphan's property." [Muslim].
Commentary: Abu Dharr Al-Ghifari (May Allah be pleased with him) was one of the most ascetic Companions who was little interested in mundane affairs. Finding him weak to do responsible jobs, Messenger of Allah (PBUH) gave him this advice. In fact, the one who takes interest in worldly affairs and understands them well can discharge the responsibilities appropriately. But a person who has aversion to worldly pursuits and keeps clear of them will be considered unfit in this regard.
676. Abu Dharr (May Allah be pleased with him) reported: I said to Messenger of Allah (PBUH): "Why do you not appoint me to an (official) position?" He (PBUH) patted me on the shoulder with his hand and said, "O Abu Dharr, you are a weak man and it is a trust and it will be a cause of disgrace and remorse on the Day of Resurrection except for the one who takes it up with a full sense of responsibility and fulfills what is entrusted to him (discharges its obligations efficiently)." [Muslim].
Commentary: There are, according to this Hadith, two conditions for putting people in official positions. The first is the relevant talent for the job, a man is put in charge of; and the second is his capacity for discharging responsibilities thereof. For example, a ruler should primarily possess the ability to maintain law and order and to establish justice; and secondly, he should be endowed with sufficient dynamism and vision to cope with new demands and situations. This basic principle applies to every official, whether in the capacity of governor, minister, advisor, financial administrator or a clerk. Apart from the sense of job, ability and integrity, he should be fired with determination with regard to his work. An office is indeed an important trust, and to have it without meeting the said conditions is a sort of treachery .

Family in Islam




Duty/ Rights
Rights/ Duty

Husband
-   O mankind, fear your Lord, who created you from one soul and created from it its mate and dispersed from both of them many men and women. And fear Allah, through whom you ask one another, and the wombs. Indeed Allah is ever, over you, an Observer. And give to the orphans their properties and do not substitute the defective [of your own] for the good [of theirs]. And do not consume their properties into your own. Indeed, that is ever a great sin. And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hand possesses. That is more suitable that you may not incline [to injustice]. And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease. (4:1-4)
-   O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality. And live with them in kindness. For if you dislike them - perhaps you dislike a thing and Allah makes therein much good. (4:19)
-   Men are in charge of women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth. So righteous women are devoutly obedient, guarding in [the husband's] absence what Allah would have them guard. But those [wives] from whom you fear arrogance - [first] advise them; [then if they persist], forsake them in bed; and [finally], strike them. But if they obey you [once more], seek no means against them. Indeed, Allah is ever Exalted and Grand. (4:34)
-   And of His signs is that He created for you from yourselves mates that you may find tranquillity in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought. 30:21
Wife
Parents
-   Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period]. Upon the father is the mothers' provision and their clothing according to what is acceptable. No person is charged with more than his capacity. No mother should be harmed through her child, and no father through his child. And upon the [father's] heir is [a duty] like that [of the father]. And if they both desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them. And if you wish to have your children nursed by a substitute, there is no blame upon you as long as you give payment according to what is acceptable. And fear Allah and know that Allah is Seeing of what you do. (2:233)
-   And do not kill your children for fear of poverty. We provide for them and for you. Indeed, their killing is ever a great sin. (17:31)
-   O you who have believed, protect yourselves and your families from a Fire whose fuel is people and stones, over which are [appointed] angels, harsh and severe; they do not disobey Allah in what He commands them but do what they are commanded. (66:6)
-   And your Lord has decreed that you not worship except Him, and to parents, good treatment. Whether one or both of them reach old age [while] with you, say not to them [so much as], "uff," and do not repel them but speak to them a noble word. And lower to them the wing of humility out of mercy and say, "My Lord, have mercy upon them as they brought me up [when I was] small." (17:23-24)
-   And We have enjoined upon man [care] for his parents. His mother carried him, [increasing her] in weakness upon weakness, and his weaning is in two years. Be grateful to Me and to your parents; to Me is the [final] destination. But if they endeavor to make you associate with Me that of which you have no knowledge, do not obey them but accompany them in [this] world with appropriate kindness and follow the way of those who turn back to Me [in repentance]. Then to Me will be your return, and I will inform you about what you used to do. (31:14-15)
Son/ daughter
Brother/ sister
Narrated Anas: Allah's Apostle said, "Help your brother, whether he is an oppressor or he is an oppressed one. People asked, "O Allah's Apostle! It is all right to help him if he is oppressed, but how should we help him if he is an oppressor?" The Prophet said, "By preventing him from oppressing others." {Sahih Bukhari, Volume 3, Hadith 624}
Brother/ sister

A difference between Christianity and Islam



Christianity
Islam
Pilate then went back inside the palace, summoned Jesus and asked him, "Are you the king of the Jews?"
"Is that your own idea," Jesus asked, "or did others talk to you about me?" "Am I a Jew?" Pilate replied. "Your own people and chief priests handed you over to me. What is it you have done?" Jesus said, "My kingdom is not of this world. If it were, my servants would fight to prevent my arrest by the Jewish leaders. But now my kingdom is from another place." "You are a king, then!" said Pilate. Jesus answered, "You say that I am a king. In fact, the reason I was born and came into the world is to testify to the truth. Everyone on the side of truth listens to me." "What is truth?" retorted Pilate. With this he went out again to the Jews gathered there and said, "I find no basis for a charge against him. John 18:33-38
O children of Adam, take your adornment at every masjid, and eat and drink, but be not excessive. Indeed, He likes not those who commit excess. Say, "Who has forbidden the adornment of Allah which He has produced for His servants and the good [lawful] things of provision?" Say, "They are for those who believe during the worldly life [but] exclusively for them on the Day of Resurrection." Thus do We detail the verses for a people who know. Say, "My Lord has only forbidden immoralities - what is apparent of them and what is concealed - and sin, and oppression without right, and that you associate with Allah that for which He has not sent down authority, and that you say about Allah that which you do not know." (7:31-33)
Monasticism or monkhood is a religious way of life in which one renounces worldly pursuits to devote oneself fully to spiritual work. Monastic life plays an important role in many Christian churches, especially in the Catholic and Orthodox traditions. Similar forms of religious life also exist in other faiths, most notably in Buddhism, but also in Hinduism and Jainism, although the expressions differ considerably.
Males pursuing a monastic life are generally called monks while female monastics are called nuns. Many monks and nuns live in monasteries to stay away from the secular world. The way of addressing monastics differs between the Christian traditions. As a general rule, in Roman Catholicism, monks and nuns are called brother or sister, while in Orthodox Christianity, they are called father or mother.
But you prefer the worldly life,
While the Hereafter is better and more enduring.
87:16-17

Then the Pharisees went out and laid plans to trap him in his words. They sent their disciples to him along with the Herodians. “Teacher,” they said, “we know that you are a man of integrity and that you teach the way of God in accordance with the truth. You aren’t swayed by others, because you pay no attention to who they are. Tell us then, what is your opinion? Is it right to pay the imperial taxa to Caesar or not?” But Jesus, knowing their evil intent, said, “You hypocrites, why are you trying to trap me? Show me the coin used for paying the tax.” They brought him a denarius, and he asked them, “Whose image is this? And whose inscription?” “Caesar’s,” they replied. Then he said to them, “So give back to Caesar what is Caesar’s, and to God what is God’s.” When they heard this, they were amazed. So they left him and went away. Matthew 22:15-22
Say, "Indeed, my prayer, my rites of sacrifice, my living and my dying are for The God, Lord of the worlds. 7:162
Secularity (adjective form secular,[1] from Latin saecularis meaning "worldly" or "temporal") is the state of being separate from religion, or not being exclusively allied with or against any particular religion.
A related term, secularism, is the principle that government institutions and their representatives should remain separate from religious institutions, their beliefs, and their dignitaries. Most businesses and corporations, and some governments, are secular organizations.
Book of Revelation
Bukhari :: Book 1 :: Volume 1 :: Hadith 1
Narrated ‘Umar bin Al-Khattab:
“All actions are judged by motives, and each person will be rewarded according to their intention.“
That means all your worldly daily deed (such as eating, or having sex) are worship.

Hadith Narrated by Anas ibn Malik
Source: Musnad Ahmad 12491
Grade: Sahih (authentic) according to Al-Haythami
Authinticated by Al-Albani):
“If the Day of Judgment comes while you are planting a new tree, carry on and plant it”
That means Islam value the worldly life and its future until the end.

Keeping Attain Balance in Life:
“Work for this life as though you are going to live forever, and work for the hereafter as though you will die tomorrow.”

Saturday, December 19, 2015

Islamic Jurisprudence (sharia law)


Sources of Islamic law:

Accepted universally by all Muslims
Not accepted universally by all Muslims
Text
Intellect

1.    Reason (personal effort of thinking) 

2.    Public good or public interest

3.    Preference

4.    Common practice

5.    Textual indication

The Quran
Tradition of the Prophet
Consensus or unanimous agreement

Analogical deduction.




Degrees of approval:


Obligatory (obligation - compulsory – must)
Recommended (desirable)
Neutral (lawful - allowed –permissible)
Abominable (disliked – hated)
Sinful (unlawful – prohibition - forbidden)

Fard (Wajib)
Mustahab
Halal
Makrouh
Haram

Individual duty
Sufficiency duty





relates to tasks every Muslim is required to perform.
is a duty which is imposed on the whole community of believers
Example
Daily prayer or the pilgrimage to Mecca at least once in a lifetime.
Janaza prayer
Umrah 
Eating an apple. 
The use of a great amount of water for the small and large ablutions.
Pre-marital sex, murder, eating pork, and drinking alcohol.
Fulfillment
is rewarded
is rewarded
is not rewarded
is not punished
is punished
neglected
with punishment
without punishment
without punishment
with reward
with reward


 The schools of Jurisprudence:

1.        Imam Malik
2.        Imam Ash-Shafi’i
3.        Imam Abu hanifah
4.        Imam Ahmad bin Hanbal.


The four orthodox Sunni Islamic schools of jurisprudence (fiqh)

The Hanbali school
The Shafi'i
The Mālikī
The Hanafi
       The founder
       Ahmad ibn Hanbal
       (780–855 CE / 164–241 AH)
       Al-Shafi'i (767 — 820 CE / 150 — 204 AH)
       Malik bin Anas (711–795 CE / 93–179 AH)
       Abū Ḥanīfa an-Nu‘man
       (699 – 767 AD / 80 – 148 AH)
       History
       He was a disciple of Al-Shafi‘i. Like Shafi'i, he was deeply concerned with the extreme elasticity being deployed by many jurists of his time, who used their discretion to reinterpret the doctrines of Quran and Hadiths to suit the demands of Caliphs and wealthy. Ibn Hanbal advocated return to literal interpretation of Quran and Hadiths. Influenced by the debates of his time, he was known for rejecting religious rulings (Ijtihad) from the consensus of jurists of his time, which he considered to be speculative theology (Kalam). He associated them with the Mu'tazilis, who he despised. Ibn Hanbal was also hostile to the discretionary principles of rulings in jurisprudence (Usul al-fiqh), which were established by his predecessors; Al-Shaf'i, Imam Malik and Abu Hanifa. He linked these discretionary principles with kalam. His guiding principle was that the Quran and Sunnah are the only proper sources of Islamic jurisprudence, and are of equal authority and should be interpreted literally in line with the Athari creed. He also believed that there can be no true consensus (Ijma) among jurists (mujtahids) of his time, and preferred the consensus of Muhammad's companions and weaker hadiths. Imam Hanbal himself compiled Al-Musnad, a text with over 30,000 saying, actions and customs of Muhammad.
       The Shafi'i madhab was spread by Al-Shafi'i students in Cairo, Mecca and Baghdad. It became widely accepted in early history of Islam.
       The Shafi'i jurisprudence was adopted as the official law during the Great Seljuq Empire, Zengid dynasty, Ayyubid dynasty and later the Mamluk Sultanate (Cairo), where it saw its widest application. It was also adopted by the Kathiri state in Hadhramawt and most of rule of the Sharif of Mecca.
       With the establishment and expansion of Ottoman Empire in West Asia and Turkic Sultanates in Central and South Asia, Shafi'i school was replaced with Hanafi school, in part because Hanafites allowed Istihsan (juristic preference) that allowed the rulers flexibility in interpreting the religious law to their administrative preferences.
       Although Ibn Anas himself was a native of Medina, his school faced fierce competition for followers in the Muslim east, with the Shafi'i, and Hanbali schools all enjoying more success than Malik's school. It was eventually the Hanafi school, however, that earned official government favor from the Abbasids.
       The Malikis enjoyed considerably more success in the Africa, and for a while in Spain and Sicily. Under the Umayyads and their remnants, the Maliki school was promoted as the official state code of law, and Maliki judges had free rein over religious practices; in return, the Malikis were expected to support and legitimize the government's right to power. This dominance in Spanish Andalus from the Umayyads up to the Almoravids continued, with Islamic law in the region dominated by the opinions of Malik and his students. The Sunnah and Hadith, or prophetic tradition in Islam, played lesser roles as Maliki jurists viewed both with suspicion, and few were well versed in either.
       As the fourth Caliph, Ali had transferred the Islamic capital to Kufa, and many of the first generation of Muslims had settled there, the Hanafi school of law based many of its rulings on the earliest Islamic traditions as transmitted by first generation Muslims residing in Iraq. Ali and Abdullah, son of Masud formed much of the base of the school. In the early history of Islam, Hanafi doctrine was not fully compiled. The fiqh was fully compiled and documented in the 11th century. The Turkish rulers were some of the earliest adopters of relatively more flexible Hanafi fiqh, and preferred it over the traditionalist Medina-based fiqhs which favored correlating all laws to Quran and Hadiths and disfavored Islamic law based on discretion of jurists. The Abbasids patronized the Hanafi school from the 10th century onwards. The Seljuk Turkish dynasties of 11th and 12th centuries, followed by Ottomans adopted Hanafi fiqh.
       Sources of law
      The sources of Islamic law are
1.      the Qur'an
2.      and the Sunnah found in Hadiths (compilation of sayings, actions and customs of Muhammad).
3.      Where these texts did not provide guidance, the Hanbali school recommended guidance from established consensus of Muhammad's companions,
4.      then individual opinion of Muhammad's companions,
5.      followed in order of preference by weaker hadiths,
6.      and in rare cases qiyas (analogy).
       This school rejected that a source of Islamic law can be jurists personal discretionary opinion or consensus of later generation Muslims on matters that serve the interest of Islam and community.
       Ibn Hanbal's strict standards of acceptance regarding the sources of Islamic law were probably due to his suspicion regarding the field of Usul al-Fiqh, which he equated with speculative theology (kalam).
       The school stipulates authority to five sources of jurisprudence. In hierarchical order:
       1- the Quran,
       2- the hadiths - that is, sayings, customs and practices of Muhammad,
       3- the ijmā' (consensus of Sahabah, the community of Muhammad's companions),
      4- the individual opinions of Sahaba with preference to one closest to the issue as Ijtihad,
       5- and finally qiyas (analogy).
       The Shafi'i school rejects two sources of Sharia that are accepted in other major schools of Islam:
       - Istihsan (juristic preference, promoting the interest of Islam)
       - and Istislah (public interest).

       The Shafi'i school rejected these two principles stating that these methods rely on subjective human opinions, its potential for corruption and adjustment to political context and time.
       Maliki school's sources for Sharia are hierarchically prioritized as follows:
1.   Quran
2.   and then trustworthy Hadiths (sayings, customs and actions of Muhammad);
3.   if these sources were ambiguous on an issue, then `Amal (customs and practices of the people of Medina),
4.   followed by consensus of the Sahabah (the companions of Muhammad),
5.   then individual's opinion from the Sahabah,
6.   Qiyas (analogy),
7.   Istislah (interest and welfare of Islam and Muslims),
8.   - and finally Urf (custom of people throughout the Muslim world if it did not contradict the hierarchically higher sources of Sharia).
       Mālik included the practices of the people of Medina and where the practices are in compliance with or in variance with the hadiths reported. This is because Mālik regarded the practices of Medina (the first three generations) to be a superior proof of the "living" sunnah than isolated, although sound, hadiths.
       The sources from which the Hanafi madhhab derives Islamic law are, in order of importance and preference:
1- the Quran,
2- and the hadiths containing the words, actions and customs of the Islamic prophet Muhammad (narrated in six hadith collections, of which Sahih Bukhari and Sahih Muslim are the most relied upon);
3- if these sources were ambiguous on an issue, then the consensus of the Sahabah community (Ijma of the companions of Muhammad),
4- then individual's opinion from the Sahabah,
5- Qiyas (analogy),
6- Istihsan (juristic preference),
7- and finally local Urf (local custom of people).