Dont delay the Army of Usama

Verdict on the Current Pakistan Goverment by the International Shariah Court

THE ISLAMIC VERDICT

On the President of Pakistan, the army, the Imams who support aggression against Muslims & their sympathisers. And sincere advice on how to change the situation according to the Qur’an & Sunnah (according to the understanding of the Sahabah)

Introduction

All praise is for Almighty Allah (SWT) the Lord of the worlds. There is no animosity except against the oppressors and occupiers and victory is for the Muttaqeen (the pious). I bear witness that there is no one truly worthy of worship except Allah, the one who sent his Messenger with guidance and the Deen of truth, in order to make the Deen prevail over all others, and I bear witness that Muhammad is His messenger, the slave of Allah, the Prophet of mercy and the prophet of war, to whom Allah granted victory through terrorising his enemy, from one month’s
distance and who designated his provision under the shade of his spear and decreed humiliation and destruction for the one who disobeys His orders.

After the invasion of Iraq and now Afghanistan the hidden agenda of the American government and its alliance in Pakistan has become clear for all, whether they are near to or far from the region. This agenda is the destruction of Islam. This is manifested in the speech of many American senators who could not keep their intentions secret.

It is natural to hear that the Kuffaar (i.e. the non-Muslims) are fighting the believers because the animosity of the Kuffaar towards Muslims is a divine tradition which will always remain, as Allah (SWT) says in the Qur’an:

“…And they will never cease fighting you until they turn you back from your Deen (Islam) if they can…” [EMQ 2: 217]

The divine wisdom of Allah (SWT) necessitates that the believers will be tested by the disbelievers, and the disbelievers will be tested by the believers, in order for those who will obey him and fight for his sake, to prevail. The one who declines and allies with the disbelievers, following their path, will be doomed in hellfire, for Allah (SWT) says:

“If Allah wished, you would be victorious over them, but (he lets you fight) in order to test some of you with others. But those who are killed in the way of Allah, He will never let their deeds be lost.” [EMQ 47: 4]

Therefore we must not be surprised that the disbelievers are planning to destroy Islam and Muslims, because that is one of their main tasks, even though it is impossible for them to achieve, because their plot will always be exposed until the day of judgement. As Allah (SWT) says:

“We will test you in order to see who the Mujaahid among you is and who are firm …” [EMQ 47: 31]

Nobody can argue about the animosity of the disbelievers towards the believers, and their plot against them, except the ignorant i.e. those whose opinion is meaningless. However, what is surprising is to see so-called Muslims going astray having been misled by those who are impressed with the disbelievers and their plots, and surely nobody is impressed by the disbelievers but the ignorant.

Part of the ignorance and apostasy we see is that Muslims ally with the disbelievers and join their forces. They spend time and effort in order to stand with the disbelievers and to harm Muslims in Iraq, in Afghanistan and in Palestine etc…

1. The President of Pakistan Asif Ali Zardari is a non-Muslim

Originally Ismaili which is a sect outside the fold of Islam, even if he claims to have been a Muslim before taking leadership in Pakistan he is today therefore an apostate for: (i)Ruling by other than what Allah (SWT) has revealed as Allah (SWT) says in the Qur’an:

‘Whoever rules and judges by other than what Allah (SWT) has revealed is a kaafir’[EMQ 5:44]

and also (ii)    Siding with the non Muslims, namely the Americans who are fighting against Islam and Muslims as Allah (SWT) says in the Qur’an:

‘Whoever allies with them (supports non-Muslims against Muslims) is one of them’ [EMQ 5:51]

Mr Zardari is also someone who has the blood of thousands of Muslims on his hand, being personally responsible for murdering them via his brutal right hand the ISI (secret service of Pakistan)

2. The Army of Pakistan is an apostate entity.

It is completely prohibited for anyone to be part of such an entity since they protect the kufr (non-Islamic) entity of the Pakistani regime which is ruling by non-Islamic law. They therefore uphold its laws and protect its false sovereignty whereas sovereignty belongs solely to Allah (SWT). Moreover they are fighting with the American soldiers against Muslims. Allah (SWT) says in the Qur’an:

“O Believers, do not take the Jews and Christians as an alliance, they are only allies to each other, and whosoever allies with them, he is one of them, and Allah does not
guide the oppressors.”
 [EMQ 5: 51-52]

This alliance with the Kuffaar (disbelievers) can be one of two; either they will be sinful if they stand with the Kuffaar or they will become apostates if they engage in fighting against Muslims. Some Muslims in the Pakistan army participate with them in fighting against their Muslim brothers in Afghanistan. This is clear naked aggression against all Muslims, and Muslims are obliged to reject it and resist it and fight them as a matter of obligation to resist the occupation.

As for those Muslims who join the army, they will thereby be sinful and if any one of them fights side-by-side with the UK and US forces against Muslims, they will become apostates, being at war, as they are, with Islam and Muslims, and their life and wealth will have no sanctity. They will be treated like the disbelievers as clear enemies to Islam and Muslims. Moreover if they die they will die outside of the fold of Islam, and they will never be dignified in their death nor buried with the Muslims.

Therefore we warn the Muslims wherever they are, particularly those Muslims in Pakistan, not to offer any support, moral, financial, militarily or physical in the onslaught against Islam and Muslims in the region, though the enemies may attempt to take Muslims onto their side. Allah (SWT) designated people in this Ummah that will direct others that go astray, May Allah protect us all.

And for those who go to fight Muslims in Afghanistan, remember that the Prophet (saw) forbade Muslims from pointing even a small knife at another Muslim, even as a joke, when he
(saw) said:

“Whoever points a small knife or piece of metal jokingly towards his Muslim brother, the angels will curse him and he will never smell paradise.”

Let alone being involved in carrying machine guns, and driving tanks with the US army, arresting and imprisoning Muslims or fighting and killing them. Those from whose hand Muslims will never be secure, although the Messenger Muhammad (saw) said:

“A Muslim is the one from whose hand and tongue his Muslim brother is secure

3. The ministers of Pakistan are apostates from Islam who help to rule and judge by other than what Allah (SWT) has revealed, see [5: 44] above. They play God in the parliament and therefore seek to challenge the sovereignty of Allah (SWT). Allah (SWT) is clear that only Islam can be implemented:

O you who believe, obey Allah and obey the Messenger and those in authority among you, and if you differ in anything then refer it back to Allah and his Messenger if you believe in Allah and the hereafter[EMQ 4:59]

4. As for those who are allied with the US and work for them as spies.

Whether through the ISI or as soldiers in their army or Imams in the mosques or so called leaders doing the Pakistan government’s bidding:

These people spy on Muslims, fight them and even try to deceive them. We ask them to give up their apostasy immediately. For Allah (SWT) says:

“And from mankind there are some who say: ‘We believe in Allah and the Last day’ while in fact they do not believe. They think to deceive Allah and those who believe, while they only deceive themselves, but they perceive not.” [EMQ 2: 8-9]

One of their deceptionsis that they claim to be believers, yet they spy on Muslims or they go to fight them, or they report against them to the Kuffaar. If they claim to do so as no more than a job, we remind them of the saying of the Messenger Muhammad (saw), who said:

“Whoever earns a bite of food by reporting or spying on Muslims, Allah will feed him the equivalent in the hellfire, and whoever wears clothes earnt from spying against Muslims, Allah will clothe him with hellfire.” [Narrated in Sahih Al-Bukhari, in Kitab ul-Adab]

Call for action:We hereby urge all Muslims in Pakistan with any authority or dignity to hand authority to the Ulema of Pakistan in order to implement the Khilafah, the only ruling system allowed by the Shari’ah i.e. Islamic Law, just as the Ansar handed authority to the Messenger Muhammad (saw) when he first established the Islamic State in Madina.

It is clear that putting our affairs into the hands of secularists will never bring Islamic law to Pakistan rather it will continue the hegemony of Man-made law conveniently cloaked in the guise of such sound-bites as “Islamic Democracy” and “constitutional Reform”.

Pakistan, created for the establishment of Islam, does not require an amendment to its Kufr constitution, which gives democracy (i.e. Law by man over man) precedence over the Shari’ah, but a revolution which eradicates all law emanating from any Man-made source, to be replaced by one leader managing the affairs of the people, both Muslim and non-Muslim exclusively in accordance with divine law. It is inconceivable that a government which bases itself on irreligious principles and democracy could ever find itself in a position to declare itself an Islamic
state the very antithesis of its illegitimacy as a government dedicated to its own profane existence as a secular state.

Enough is enough, let us be rid of these liars and oppressors once and for all.

Take the following action immediately:

  • 1. Cease all embassies and foreign ambassadors immediately whether they belong to Western dictatorial regimes or other countries
  • 2. Reject any intervention from foreign government or international bodies such as the UN, OIC, EU, NATO etc…
  • 3. Declare the Kufr constitution of Pakistan null and void and the supremacy of the Shari’ah alone as a khilafah system of government
  • 4. Do not aim your weapons at your Muslim brothers and do not target civilians rather aim your weapons at the occupying forces and whoever stands in the way of implementing the rule of Allah.
  • 5. Declare the removal of all borders and the invitation to all Muslims to become citizens of the khilafah i.e. the Islamic State. Unite our Muslim land of Afghanistan and Pakistan to be the precursor of greater unity under the Khilafah.
  • 6. Give authority to those to whom it rightly belongs. Let the Muslims through the general assembly of the U’lama (Juristic Islamic scholars) elect a brave Khalifah to rule by what Allah has revealed and who you know will declare Jihad against the enemies of Allah, his Messenger and the Muslims and who will rule according to the way of the Khulafah Rashidoun.
  • 7. Carry the Islamic message to the entire world, we are an Ummah which lives so that we can carry the message unlike other Nations who survive without any mission.

Significant steps in the changes to the law and order of Pakistan

The Messenger Muhammad (saw) said: “Whoever wakes up without caring about the affairs of the Muslims is not one of them” and Allah (swt) says: “Let there rise from among you group(s) calling society to Islam, commanding society to do what Allah orders and to refrain from what he forbids…[EMQ 3:104].

The highest good being to call to implement the Tawheed of Islam and the highest evil being to associate partners with Allah (SWT) by not implementing Islamic law. The Messenger Muhammad (saw) ordered us to give sincere advice to those in positions of authority and said: “Deen is advice” to which the Sahabah replied: “To whom, O Rasoul Allah?” and He said: “For Allah and his Messenger and for the rulers and the general public

Islam is the only correct ideology which Allah (swt) has ordered us to rule and to govern our lives with. Allah (swt) says in the Qur’an:

Rule between them by whatever Allah has revealed and do not follow their desires[EMQ 5: 49]

Therefore we have decided to take the initiative and to offer you the Islamic constitution which has been studied by intellectual Muslim scholars and experts in Islamic law who have derived its articles from the Qur’an and the Sunnah of The Messenger Muhammad (saw) in order that you may study it, adopt it and
implement it and so that you may lead Pakistan out from its domination by Kufr into its domination by Islam.

Due to the fact that there is not enough space here for more details we have summarised the Islamic project for you below which we urge you to read. We are willing to meet you and
to discuss with you all its details and evidences and to elaborate on how to implement it. The first step you must take is to abolish all the existing constitution and to implement the Islamic constitution which is summarised below.

Here is a summary of the essential action that must be taken at different levels, whether ruling, economic, social, internal or external, including national security:

At the level of the ruling system:

  • 1. Abolish the Islamic Republic of Pakistan and declare the establishment of the Khilafah.
  • 2. Actively seek to appoint a Khalifah for the Muslims world-wide immediately
  • 3. Declare that sovereignty is for the Shari’ah alone and not for the people.
  • 4. Establish a Consultation Council for the people whose job it is to consult and to give advice and not to legislate.
  • 5. Abolish all governors, ministers and MP’s and appoint new assistants, governors and Judges and a new Chief of Staff, all to be under the new Khalifah’s direct control.
  • 6. Seize the activities of all non Islamic parties.
  • 7. Consider any Muslims who come to Pakistan to live there as citizens of the Islamic State.
  • 8. Abolish secularism, liberalism, Western democracy, socialism and capitalism all to be replaced by Islam alone.

At the level of the Economic system:

1. Secure the basic needs of the people in terms of food, clothing and housing and facilitate an opportunity for the people to work in order to satisfy their luxury needs.

  • 2. Assure the circulation and distribution of wealth between people and for it not to be held by only some of them.
  • 3. Avoid transferring individual property into public property and transferring public property into individual property.
  • 4. Abolish all the industries that are based on foreign investment or foreign privileges.
  • 5. Establish heavy industry able to manufacture different machines capable of producing machinery themselves.
  • 6. Avoid borrowing money from international monetary funds, from international banks or from foreign imperialistic countries and reject their advice, recommendations or proposals.
  • 7. Abolish the banking system and all usurious transactions and replace them by the Bait ul Maal which will lend to people free of any interest.
  • 8. Declare responsibility for the national debt (excluding any interest) but delay the time to meet and discuss repayment proposals as much as you can.
  • 9. Make the basis of currency Gold and Silver which will lead to the destruction of the Dollar and so called ‘hard currency’, the Dollar will collapse as the basis for currency which will also lead to the eradication of inflation and it will fix the value of currency

At the level of the Foreign Policy:

1. Close all foreign embassies on a temporary basis until you establish a relationship with foreign non-Muslim countries based on Islam.

  • 2. Reject to be subservient to any country such as America, Britain, Russia or India etc…
  • 3. Close the embassies of all Muslim countries and reject to recognise the government of any Muslim country.
  • 4. Deal directly with Muslims worldwide and support them as citizens in order to overthrow their illegitimate governments and to unite Muslim land within one Islamic State under the leadership of the Khalifah.
  • 5. Sever any relationship with any countries occupying any part of Muslim land and take a stance of war with such occupiers.
  • 6. Stand against international organisations such as the United Nations and the OIC exposing the policies of the Western imperialistic powers and their organisations.
  • 7. Avoid being part of the EEC or Commonwealth or any other imperialistic communities.
  • 8. Withdraw membership of Pakistan from the United Nations and declare it with all its organs an illegitimate body

At the level of the War policy:

  • 1. Cut all relationship with NATO and abolish the presence of any American, British or non-Muslim forces in Pakistan.
  • 2. Avoiding giving or granting any facilities, whether air, land or sea to America or its allies.
  • 3. Establish a heavy artillery industry in Pakistan and avoid depending on importing weapons or ammunition from abroad.
  • 4. Make the security of the Muslims and Muslim land in the hands of Muslims under Islam and not in the hands of any kufr law or kafirs (non-Muslims).
  • 5. Abolish any defence treaties signed with any non-Muslim countries and avoid participating in any agreement of defence or military commitment such as signing the consent of ceasing further nuclear projects etc…

At the level of the Education policy:

  • 1. Make the basis of the National curriculum the Islamic belief and its Shari’ah in all schools, colleges and universities in order to form the Islamic personality for every individual.
  • 2. Make the main language of the Islamic State the Arabic language, and the Arabic language must be the primary language for all students to enable them to understand the
    Qur’an and the Sunnah.
  • 3. Close all foreign schools and make the National curriculum solely binding upon all private and state schools.
  • 4. Make education concentrate on topics which will produce doctors, engineers, scientists, computer experts, nuclear physicists and biologists etc…and avoid wasting time teaching Muslims necessary information such as psychology, theology, art, dance, music, hypothetical philosophies and foreign languages.
  • 5. Eradicate any magazines, videos, audio, photographs, books or any other medium which contains material which contradicts with Islam or displays, broadcasts or prints any
    pornography or Western culture.
  • 6. Control the media, newspapers, radio, televisions and satellite dishes so that they become tools to propagate the truth and help educate or culture society on the basis of Islam.
  • 7. Close down all free mixing theatres, cinemas and places that propagate kufr ideas or indecent culture or material etc…
  • 8. Education must be available and free of charge for every man and woman.

At the level of the Social system:

  • 1. Abolish all civil marriages and let the Nikah be the only marriage practice.
  • 2. Let all divorces be dealt with in accordance with the Shari’ah law.
  • 3. Establish segregated schools for boys and for girls.
  • 4. Allow women to work for their living within the bounds of the Shari’ah.
  • 5. Impose the Islamic dress upon all women i.e. to cover all their bodies except for their face and hands.
  • 6. Implement the system of segregation between foreign men and women and forbid any free mixing.
  • 7. Distribute inheritance in accordance with Islamic law.
  • 8. Close down all nightclubs, pubs, discos, bars or any intimate venues.
  • 9. Prevent businesses from using the femininity of women in any work or in any advert.

At the level of the Judicial system:

  • 1. All the judiciary must be based solely on Islam.
  • 2. All courts must be called Shari’ah courts thereby abolishing the supreme court, the military courts and the civil courts and replacing them by the Islamic courts.
  • 3. The penal system must be based on Islam and nothing else
  • 4. Make sure that the original rule that every person is innocent until proven guilty is observed.
  • 5. Abolish the interrogation system based on any form of torture, physical harassment or assault upon any person under any circumstances

These are the main guidelines about the systems of life, which need to be observed and implemented in order to please Allah (swt) and which will guarantee the happiness, the tranquillity and the dignity of man. They will lead to the elevation of man and to the revival of the Muslims and the Islamic State in order for it to carry Islam to the world and to dominate the entire world by Islam so that it forms the Islamic world order where Muslims and non Muslims will live under the eyes of the world wide Islamic State and be citizens regardless of their religion,
colour, race and language. Allah (swt) said: “You are the best Nation ever raised for Mankind because you command good and forbid evil and believe in Allah and the  hereafter[EMQ 3:110].

Indeed we are an Ummah of Jihad and beyond doubt we have been chosen by God to lead the whole world if we hold to his command i.e. His revelation. SMay Allah (SWT) be witness that we called you to fulfil your duty of establishing the Khilafah and to bring an end to all those working as spies, police, soldiers, ministers and politicians for the Taghout.

Oh Allah, be the witness that we have conveyed the message.

By The International Shari’ah Court

Sheikh Omar Bakri Muhammad

Founder & Ameer of Al-Muhajiroun, Islamic Scholar & Expert in Islamic Movements

Tel: 00961 70 957 759

Anjem Choudary

Lecturer in Shari’ah Law & Manager of The Shari’ah Court of the UK

Tel:07956 600 569

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The Etiquettes of giving Salaam

Adhab ul Salaam
Etiquette of Salaam

Alah (swt) said:

“When you are greeted with a greeting, greet in return with what is better than it, or (at least) return it equally. Certainly, Allâh is Ever a Careful Account Taker of all things.

[4: 86]


Allah (swt) said:

“But when you enter the houses, greet one another with a greeting from Allâh (i.e. say: As-Salâmu ‘Alaikum – peace be on you) blessed and good. Thus Allâh makes clear the Ayât (these Verses or your religious symbols and signs, etc.) to you that you may understand.

[24:61]


The Prophet (saw) said:

“You will not enter paradise until you are believers, and you will not be believers until you love each other, do you want me to tell you how to love each other? Say Assalam Alaykum.”

[Hadith Bukhari, Chapter of No body enter paradise but believers.]


The Prophet (saw) said:

“The rights of a Muslim on another Muslim are six, one of them if you meet a Muslim say Assalam Alaykum.”

[Saheeh Muslim, No. 2162]


– The Sunnah is to say Salaam and make him feel secure, and must accompany with a smile.
– To give salaam is recommended, Haq of a Muslim,
– It is Fard to answer salaam, and there is no disagreement among the Fuqaha


The Prophet (saw) said:

“It is enough for a group of people to pass by and say salaam, it is enough for a group of people to reply.”

[Abu Dawoud, No. 5210]


Abu Hurairah reported that “a man passed by the messenger (saw) and said Assalam Alaykum, The messenger (saw) said that for that there are 10 rewards, to say Assalam Alaykum Warahmatullah is 20 rewards, and to say Assalam Alaykum Warahmatullahi Wabarakatuhu is 30 rewards.”

[Sahih Bukhari No. 986, Timidhi No. 2689, Musnad Ahmad bin Hanbal No. 19,446]


1 – HOW TO ANSWER SALAAM

– If someone gives salaam, then give a better salaam.
– There is no Evidence to say that you can give more than Assalam Alaykum Warakhmatullahi Wabarakatuhu.
– Umar ibn al Khattab and Imam Ali used to say Assalamu Alaikum Warahmatullah Wabarakatahu.


2 – DON’T SAY WALAYKUM ASSALAAM , IF NO SALAAM IS GIVEN, IT IS DISLIKED.

Jabir bin Sulayn narrated that

“I visited the messenger (saw) and said Walaykum Salaam, the messenger (saw) said don’t say Walaykum Salaams, say Asalam Alaykum. (i.e. don’t reply… salute)”

[Tirmidhi No. 2722]


3 – RECOMMENDED TO GIVE SALAAMS THREE TIMES

Narrated by Anas,

“When the messenger (saw) entered a group of people he gave salaam three times.”

[Bukhari No. 6244]


– Applies to group of people and not individuals.


4 – GIVE THE SALAM PROUDLY AND LOUDLY

Abdullah ibn Omar said

“There is no reward if the salaam is not said aloud, and you must reply the same or Louder.”

[Bukhari]


The messenger of Allah (saw) said,

“if you say salaam, make it loud so people can hear it.”

[Kitaab ul Adab, Imam Bukhari, No. 1005]


– Loud as in loud enough to hear, not loud as in shouting and scaring person.


5 – MUST GENERALISE SALAAM WHEN ENTERING A GROUP OF PEOPLE, NOT MAKING IT SPECIFIC TO ONE PERSON.

A Man came to the messenger (saw) and said “tell me something good about Islam”, the messenger of Allah (saw) said “to feed people, and to give salam to the one you know and the one you do not know.”

[Bukhari No. 12, Sahih Muslim No. 39]


6 – THE ONE WHO ENTERS MUST GIVE SALAAM

Three men came to the messenger of Allah (saw), the messenger (saw) said to them “Assalam Alaykum Warakhmatullahi Wabarakatuhu,” and said “the one who enters should give salaam.”

[Kitaab ul Athkar, Imam Nawwawi]


7 – THE ONE WHO IS DRIVING WILL SAY SALAAM TO THE PEDESTRIAN. WHEN WALKING THE LESSER NUMBER WILL SAY TO THE HIGHER NUMBER. THE YOUNGER WILL SAY SALAAM TO THE ELDER.

The Prophet (saw) said:

“Let the Rider give salaam to the walking, let the walking give salaam to the sitting.”

[Narrated by Abu Hurairah, Bukhari No. 6232]


What if the walking gave Salaam to the riding, or the sitting to the walking ?

– It would be permissible, but opposite to the Sunnah.


What if both are elders, or both are walking ? who says salaams ?


“If two people are the same age, the best amongst them should say salaam first.”

[Saheeh al Bukhari No. 6077, Kitaab ul Adhaab, Imam Bukhari No. 994]


8 – CAN A MAN SAY SALAAM TO A WOMAN ?

– Fuqahaa differ on this issue…
– To say salaam to a young/beautiful women is forbidden
– Say salaam to elderly women is allowed, as long as there is avoidance of Fitnah (old as in old as mother, or grandmother)
– Sheikh Omar Bakri Muhammad says not allowed, unless in Shariah context, i.e. come to shop in morning. And say Assalam Alaykum.
– Ibn Qayyum said Ahmad bin Hanbal gave salaam to old women, and maybe women with mahrem.


Ibnu Abi Hazam narrates, that …

“there used to be old women who used to bring us some dates, she used to cultivate land, and do cooking, we used to say Salaams, in presence of Companions, she used to reply Walaykum Salaams.”

[Bukhari No. 6248]


9 – CAN YOU GIVE SALAAM TO CHILDREN ?

Yes it is rewardable


Anas ibn Malik reported,

“whenever the Prophet (saw) used to go past children he used to say Assalam Alaykum to the children.”

[Bukhari No. 6247]


If a child says Salaams to Adult is it Fard to Answer ??

It is not fard to answer, but it is recommended to answer, because they are not on Takleef. (Hanafis, Shafis, Malikis)
Some Hanbalis say it is fard.


“When the Prophet (saw) used to enter sleeping he said Salaam quietly for those who maybe awake to hear.”

[Bukhari No. 2075]


10 – IT IS NOT ALLOWED TO SAY SALAAM TO A KAAFIR

The Messenger of Allah (saw) said,

“Do not start the Jews and Christians with Salaam, and if you see them face to face avoid them. If he says Salaams, say Walaykum.”

[Muslim No. 2167]


Reported by Anas ibn Malik,

“The Messenger of Allah (saw) said, “if Ahl al Kitaab say Salaam, say Walaykum (and you).””

[Bukhari No. 6258]


“Jews used to say to the messenger of Allah (saw) Asaam Alaykum, (death be upon you), the messenger of Allah (saw) used to reply, Walaykum (and you).”


11 – WHAT IF YOU ENTER A GROUP OF MUSLIMS AND NON MUSLIMS?

“The messenger of Allah (saw) said salaam to a group. Mushriks where amongst them.”

[Bukhari No. 6254]


Imam Ahmad bin Hanbal said

“if I go to a group, and kuffar and Muslims are there, I say Salaam, my niyyah is only to Muslims.”


12 – CAN WE GIVE SALAAM BY HAND?

On the authority of Jabir,

“The Messenger of Allah (saw) said, “Do not salute by Salutation of the Jews, by their heads, by hand, or by fingers.””

[Imam Nisai, also mentioned in Fath ul Bari, Imam Ibn Hajar Asqalani]


– When women said salaam to the messenger of Allah (saw) he replied by hand.
– Also allowed to salute by hand for deaf people.
– Not from sunnah for women to kiss eachother. (salutation)


When Praying

Jabir ibn Abdullah narrates,

“The Messenger of Allah (saw) sent me on a mission, Khutabah was praying, I said Salaam to him, he raised his hand to me. Afterwards Khutabah said to Jabir Ibn Abdullah “did you see me reply”… “yes that is what the messenger of Allah (saw) taught us.”

[Muslim No. 540, Abu Dawoud No. 925]


13 – WHAT ABOUT WHEN SOMEONE IS READING QURAN ?

– It is permissible for him to ask,
– It is fard for him to reply, (although not necessarily immediately breaking his recitation for it, but after he has stopped to take a breath.)


14 – WHEN SOMEONE IS IN THE TOILET, IT IS NOT ALLOWED TO SAY SALAAM

Reported by Ibn Umar,

“A man said salaam to the messenger of Allah (saw) while he was in the toilet, the messenger never replied nor raised his hand. The Messenger (saw) said, “I dislike to mention Allah’s name without purity.””

[Muslim No. 370]


– When entering your home and no one is there, still say Assalam Alaykum, upon yourself.
– It is Sunnah to say Salaam to you family/wife
– When someone tells someone to pass on a salaam to someone else, Fard to pass it on, recommended for him to answer
– Hanbalis say Wajib to pray 2 rak’ats at mosque before saying salaam.
– When at Salaatul Jummah, and the Imam is speaking it is not allowed to speak or say Salaam, [Bukhari No. 934]
– If someone talks to you without salaam – it is Makrouh
– If people are eating and you say Salaam, they must reply
– Sunnah to speak while you are eating, hadeeth says even how much your weapons cost you.


A man he used to do haram, then go to pray, used to say salaam to the messenger of Allah (saw) and the messenger (saw) never used to reply.

[Bukhari 4418]


15 – HOW TO SHAKE HANDS

“Shake hands, it will remove the hatred from your heart, give gifts, you will love eachother.”

[Mu’watta Imam Malik, No. 1685]


“Whenever two Muslims meet, Shake Hand from your heart, Allah will forgive them before they are separated.”

[Abu Dawoud No. 5212, Bukhari No. 6263]


– Not allowed to shake hands after salaat


Sunnah of Shaking hands of children, is to stroke their head

[Bukhari No. 966, Chapter of Shaking Hands]


The Bay’ah is done verbally

[Hadeeth of Aisha, Bukhari N. 2588].


“Women said to the messenger of Allah (saw), “you are like our father, let us shake your hand”, the messenger of Allah (saw) said, “I do not shake hands of any women, my saying to one women is like a saying to a hundred women.”

[Musnad Imam Ahmad Ibn Hanbal No. 20,466, Tirmidhi No. 1597, Ibn Majah No. 2874]


– Sunnah is to keep fingers closed and full palm to full palm

Bankruptcy

Islamic Verdict on Bankruptcy

What is the Islamic verdict about bankruptcy?

Definition of the “Muflis” (bankrupt)

The Muflis, in the Arabic language, refers to the person who has no money at all, except the fulus, the fulus being a small coin – and who cannot afford to cover his own maintenance; this applies to everything from goods, gold, silver, liquid assets and so on.

The muflis in Shari‘ah terminology refers to a person whose debts are greater than his assets and his expenses are greater than his income. The Muflis is an Arabic word derived from “fulus” which is the plural of fels, a copper coin, known to be the lowest unit of currency and the lowest in value, used only for trivial matters. The fels is light in weight and very low in value. The Islamic Shari‘ah has determined accurately and meticulously all types of weights and measurements. Abu Dawud reported on the authority of Ibn ‘Umar that the Messenger of Allah (saw) said, “The standard measurement should be that of the people of Madinah, and the standard weight should be that of the people of Makkah.” The classical scholars have studied the Shari‘ah texts, and found that the lawful Dinar weighed 4.25 grams of gold, and that the lawful Dirham weighed 2.975 grams of silver. The weight of the fels coin is actually 1/72nd of a grain of barley (0.62 grams), therefore the weight of the fels would be 0.0086 grams. Due to its light weight and its very low value, a person who does not have any money but fulus becomes known as a muflis.

Islam forbids the imprisonment of the muflis who is facing hardship, or the indebted person, and this is the widely spread opinion adopted by most of the scholars of the various Islamic Schools of Thought, referring in their evidence to Allah’s (swt) saying,

“If, however (the debtor) is in straightened circumstances, (grant him) a delay until a time of ease; and it would be for your own good – if you but knew it – to remit (the debt entirely) by way of charity.” [TMQ 2:280]

It has been reported that the Messenger of Allah (saw) divided the assets of the muflis among the creditors, but he (saw) never imprisoned a muflis.

Islam has strongly stressed the obligation the indebted has towards his debtors, ordering him to settle his debts. Muslim reported on the authority of ‘Abdullah ibn ‘Amr ibn al-‘As that the Messenger of Allah (saw) said, “The martyr would have all his sins washed away (forgiven) except the debt.”

Freezing the Assets of the Muflis

If the debts owed by the muflis were confirmed by a just person’s testimony, or if he himself admitted that he owed people money, and if his debtors asked the ruler to freeze his assets, then the Khaleefah must take action to do so. It would also be a duty for the Khaleefah to declare the freezing of his assets, and therefore to warn people against dealing with him lest they lose their money. This actually comes under one of the Khaleefah’s duties, which is to look after people’s affairs. The Messenger of Allah (saw) said, “Each one of you is a guardian and each one is responsible over his guardianship, and the Imam is a guardian and he is responsible over his subjects.”

If the Khaleefah freezes the assets of the muflis, in order to sell them off and reimburse or return them to the debtors, he should however, under his duty of guardianship and fairness, leave the muflis enough funds in order to support himself and his dependants. Therefore, his house would not be sold, for he cannot live without it. But if he has two houses, one of them would be sold. If the muflis was working and earning, then in this case all his assets (except for his house which he needs to live in) would be sold and the debtors would be reimbursed. If the muflis could not work or could not find work, then enough money would be left for him to support himself, and he would be supported together with his dependants (by the State) until he was in a position to repay his debtors. Evidence about the freezing of the assets of the muflis by the Khaleefah comes from the narration of al-Darqutni on the authority of ‘Abd al-Rahman ibn Ka‘b ibn Malik that he said, “Mu‘adh ibn Jabal was a young generous man, he used to spend all his money, he kept borrowing money until all his assets were overtaken by his debts, so his debtors spoke to the Messenger of Allah (saw) about it, and the Messenger of Allah (saw) sold all of Mu‘adh’s assets, until Mu‘adh had no assets left.”

Returning the Goods to the Debtors

If the Khaleefah chooses to freeze the assets of the muflis, and some of his debtors identify the goods that they have sold him, the goods should be returned to them and will not be included in those assets which are to be divided. Al-Bukhari, Muslim, al-Tirmidhi, Abu Dawud, Ibn Majah and al-Nisa’i reported on the authority of Abu Hurayrah that the Messenger of Allah (saw) said, “Whoever finds his goods with a man who has become muflis, he would be more entitled to them.”

Dividing the assets of the muflis would be in parts and not equally. The Shari‘ah rule concerning the dividing of the assets, be it goods or other, is that the Khaleefah should sell the assets, then divide them amongst the debtors in parts, but not necessarily in equal parts, for he could not do them justice otherwise. ‘Abd al-Rahman ibn Dallaf reported that ‘Umar ibn al-Khattab announced regarding a man from Juhayna, that whoever was owed by him anything should turn up the next day for he was dividing his assets into parts. The Khaleefah, or his delegated assistant would then divide the parts among the debtors.

Who can be present and who can file a claim against the muflis? The following are not eligible for a share of the division of assets of the muflis:

1. Those that did not place a claim against the muflis;

2. Those that are not present at the time of the dividing of the assets, or did not send a delegate;

3. Those for whom the debt is not yet due, whether they have claimed it or not.

Giving sadaqah to the Muflis

Islam has made it obligatory upon every Muslim to pay zakat if the money reached the nisab (the minimum amount of money eligible for zakat) and completed a whole year. The payment of zakat must be only made to the Khaleefah or an authorised deputy (representative), and it is he who undertakes to spend it on those made eligible by Shari‘ah. It is forbidden to pay the zakat to anyone other than the Khaleefah or his a’amil (collector). In the absence of the Khaleefah, as is our situation today, the Muslim is commanded to pay it himself directly to the categories mentioned in the verse where Allah (swt) says,

“The offerings given for the sake of Allah are (meant) only for the poor and the needy, and those who are in charge thereof, and those whose hearts are to be won over, and for the freeing of human beings from bondage, and (for) those who are over-burdened with debts, and (for every struggle) in Allah’s cause, and (for) the wayfarer: (this is) an ordinance from Allah – and Allah is all-knowing, wise.” [TMQ 9:60]

We note in the ayah that Allah (swt) referred to the gahrimeen, they are those in debt, and those who assume the burdens of debt to eliminate enmity, or to pay the diyyah (blood money), or those who assume the burdens of debt for personal needs, or the mufliseen (bankrupts). Anas reported that the Messenger of Allah (saw) said, “Begging is not permissible but for three types of persons: One with wretched poverty, or one with a horrid debt, or one with a painful blood money.” Qabisa ibn al-Mukhariq al-Hilali reported that the Messenger of Allah (saw) said to him, “Qabisa! Begging is not permissible but for one of the three types of persons: One who has incurred debt, for him begging is permissible till he pays that off, after which he must stop it; a man whose property has been destroyed by a calamity which has smitten him, for him begging is permissible till he gets what will support life, or will provide him reasonable subsistence; and a person who has been smitten by poverty, the genuineness of which is confirmed by three intelligent members of his people, for him begging is permissible until he gets that which will support him. Qasiba! besides these three, (begging) for any other reason is forbidden, and anyone who engages in such, consumes that which is forbidden.”

Therefore, it is forbidden to confiscate property of the muflis, to imprison him, or to charge him interest or penalties. However, the Khaleefah or his deputy have the sole power to freeze his assets and goods, which are in excess of his basic needs, to sell them and reimburse his debtors, giving him back any money left over after settlement. The indebted person must endeavour to do all he can to settle his debts, for he will be held accountable on the Day of Judgement, as is mentioned in the hadith above. In the case of the absence of the Khaleefah, such as our situation today, some people will deny their own debts, and since there is no-one to ensure collection of these debts, it will lead to the law of Allah (swt) not being implemented. Therefore the whole of the Muslim Ummah will be sinful except those that commit themselves in action, to re-establishing the Islamic State and appointing a Khaleefah to carry out his duties and implement the Islamic laws, giving everyone his rights, ensuring the laws are implemented, and that those abusing the law are punished.

Summary

1. Borrowing which is free from riba is mubah, subject to certain conditions.

2. The lending which is free from riba is mandub , subject to conditions.

3. To settle the debt (repay the loan) without riba is fard, subject to conditions.

4. In Islam, to imprison the indebted is forbidden.

5. To freeze the assets of the bankrupt, which are in excess of his own maintenance and that of his family, is permissible for the Imam (ruler) or his deputy alone.

6. Usurious loans, whether lending, borrowing, witnessing or writing are all forbidden.