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Sunday, March 17, 2013

The covenant between the Prophet and the Jews

Soon after emigrating to Al-Madeenah and makingsure that the pillars
of the new Islamic community were well established on strong bases of
administrative, political and ideological unity, the Prophet embarked
upon the task of establishing regular and clearly-defined relations
with the non-Muslims there, who comprised of Jews and Arab tribes. All
of these efforts were exerted solely to provide peace, security, and
prosperity to all mankind at large, and to bring about a spirit of
rapport and harmony within his region in particular.
The Prophet was also keen on establishing friendly relations between
the Muslims andnon-Muslims. He was verymeticulous in not leavingany
area in the charter that would allow pre-Islamic traditions to slip in
or violate the new environment he wanted to establish.
Geographically, the nearest people to Al-Madeenah were the Jews.
Despite harbouringevil intentions and nursing a bitter grudge, they
showed neither the least resistance nor the slightest animosity. The
Prophet decided to ratify a treaty with them with clauses that
provided full freedom in faith and wealth. He had no intention
whatsoever of following severe policies involving banishment, seizure
of wealth and land, or hostility.
Included in the treaty were a number of terms and conditions. The
maincondition being that, in case of an attack on Al-Madeenah launched
byoutsiders, the people of Al-Madeenah as a whole would raise arms,
collectively, against the enemies. Another condition being that the
Jews of Al-Madeenah would not provide refuge to the Quraysh of Makkah
or their allies. None of the citizens of Al-Madeenah would put any
hurdle in the way of anyone else's religion, life or property. If two
people of Al-Madeenah had a falling-out on an issue and were not able
to find any solution to it by themselves, they would have to abide by
the decision made by the Prophet concerning it. The Muslims of
Al-Madeenah would be considered as friends of the Jews, and they (the
Jews) would therefore have to treat as friends those tribes and clans
who were in alliance with the Muslims. All kinds of fighting and
bloodshed would be treated as prohibited in the territory of
Al-Madeenah.
The most important provisions of the treaty were as follows:
1. The Jews of the tribe of 'Awf were to be one community with
the believers. The Jews would profess their religion and the Muslims
theirs.
2. The Jews would be responsible for their expenditure, and the
Muslims for theirs.
3. If attacked by a third party, each would come to the
assistance of the other.
4. Each party would hold counsel with the other. Mutual
relations would be founded on righteousness; sin was totally excluded.
5. Neither group would commit sins to the prejudice of the other.
6. The wronged partywould be aided.
7. The Jews would contribute to the cost of any war, so long as
they were fighting alongside the believers.
8. Al-Madeenah would remain sacred andinviolable for all who
would join this treaty.
9. If any disagreement were to arise between the signatories of
this treaty, then Allah the All-High and His Messenger would settle
the dispute.
10. The signatories to this treaty would boycott Quraysh
commercially; they would also abstain from extending any support to
them.
11. Each would contribute to defending Al-Madeenah, in case of
aforeign attack, in its respective area.
12. This treaty would not hinder either party from seeking lawful revenge.
After the agreement wasfinalised, the Prophet made an all-out effort
to bring the clans around Al-Madeenah into the fold of this pact so
that all disruptions, disorder and bloodshed were curbed once and for
all. The Prophet was so eager to widen the scopeof this pact that he
made a special journey to premises of Dhamrah bin Bakr bin 'Abd Manaaf
to bring them around to this recently signed pact. He won over their
chief, 'Amr bin Makhshi, to the idea and he put his initials on the
document. He also got the people of Mount Buwat and of Thul-'Ushayrah
in Yanbu' and Banu Mudlij to accept the peace treaty. The purpose of
the Prophet in constructing this peace pact was to create an
atmosphere of peace andorder so that the people could be at peace and
be able to reflect on the message of Islam in an air of safety and
security. These peace efforts were yet to bring fruit when clandestine
activities in Al-Madeenah and onslaughts from outside plunged
Al-Madeenah into disorder once again.
Al-Madeenah and its suburbs, after the ratification of this treaty,
turned into a coalition state, with Al-Madeenah proper as capital and
Muhammad as de facto president; authorityrested primarily in the hands
of the Muslims, and consequently it was a real capital of Islam.
The peace pact made all the people of Al-Madeenah recognise the
strength and supremacy of Islam and they all signed it, signifying
their acceptance of the superiority of the Muslims.

Dought & clear, - Is it obligatory to obey a ruler who does not rule according to theBook of Allaah and the Sunnah of His Messenger(blessings and peace of Allaah be upon him)?.

Is it obligatory to obey a ruler who does not rule according to the
Book ofAllaah and the Sunnah ofHis Messenger (blessings and peace of
Allaah be upon him)?.
Praise be to Allaah.
The ruler who does not rule according to the Book of Allaah and the
Sunnah of His Messengershould be obeyed in matters that do not involve
disobedience towards Allaah and His Messenger, and it is not
obligatory to fight him because of that; rather itis not permissible
to do so unless he reaches the level of kufr, in which case it becomes
obligatory to oppose him and he has no right to be obeyed by the
Muslims.
Ruling according to anything other than thatwhich is in the Book of
Allaah and the Sunnah ofHis Messenger reaches the level of kufr when
two conditions are met:
1. When he knows the ruling of Allaah and His Messenger; if he is
unaware of it, then he does not commit kufr by going against it.
2. When what makes him rule by something other than that which
Allaah has revealed is the belief that it is a ruling that is not
suitable for our time andthat something else is more suitable than it
and more beneficial for people.
If these two conditions are met, then ruling by something other than
that which Allaah has revealed constitutes kufrwhich puts a person
beyond the pale of Islam, because Allaah says (interpretation of the
meaning): "And whosoever does not judge by what Allaah hasrevealed,
such are the Kaafiroon (i.e. disbelievers)" [al-Maa'idah 5:44]. The
authority of the ruler becomes invalid and he has no right to be
obeyed by the people; it becomes obligatory to fight him and remove
him from power.
But if he rules by something other than that which Allaah has revealed
whilst believing that ruling by that – i.e. that which Allaah has
revealed -- is what is obligatory, and that it is more suitable for
the people, but he goes against it because of some whims and desires
on his part or because he wants to wrong the people underhis rule,
then he is not a kaafir; rather he is a faasiq (evildoer) or a zaalim
(wrongdoer). His authority remains, and obeying him in matters that do
not involve disobedience to Allaah and His Messenger is obligatory,
and it is not permissible to fight him or remove him from power by
force or to rebel against him, because the Prophet (blessings and
peace of Allaah be upon him) forbade rebelling against rulers unless
we see blatant kufr for which we have proof from Allaah. End quote.
Majmoo' Fataawa Ibn 'Uthaymeen (2/118)

Dought & clear, - Can ahaad hadeeths be accepted with regardto ‘aqeedah?.

I heard someone say that 'aqeedah cannot be proven by means of ahaad
hadeeths, because they are based on probability and not based on
certainty. Whatis your response to that?.
Praise be to Allaah.
Our response to the one who thinks that 'aqeedah cannot be proven on
the basis of ahaad hadeeths becausethey are based on probability or
speculation and 'aqeedah cannot be based on speculations is:This
opinion is not correct, because it is based on something thatis not
correct. That is for a number of reasons:
1. The idea that ahaad hadeeths are based on probability or
speculation does not apply in all cases; there are some ahaad hadeeths
that are based on certainty if there is corroborated evidence to
confirm them, such as if the ummah accepted them. An example is the
hadeeth of 'Umar ibn al-Khattaab (may Allah be pleased with him),
"Actions are but by intentions…" It is an ahaad hadeeth, but despite
that we know that the Prophet (blessings and peace of Allah be upon
him) said it. This is what was confirmed by Shaykh al-Islam Ibn
Taymiyah, al-Haafiz ibn Hajar and others.
2. The Prophet (blessings and peace of Allah be upon him) used to
send individuals with basic teachings of 'aqeedah - testimony that
there is no God but Allah and that Muhammad is the Messenger of Allah
- and the fact that he sent them is binding proof. For example, he
sent Mu'aadh to Yemen, and the fact that he sent him is regarded as
binding proof for the people of Yemen that they were obliged to accept
him.
3. If we say that matters of 'aqeedah cannot be proven on thebasis
of ahaad reports, then it is possible to say that practical rulings
cannot be proven on thebasis of ahaad reports, because practical
rulingsare accompanied by the belief that Allah enjoined this and
forbade that. If this opinion is accepted, then many of the rulingsof
sharee'ah would be rendered invalid. If this idea is rejected then the
idea that 'aqeedah cannot be proven on thebasis of ahaad reports
should also be rejected, because there is no difference between the
two, as we have explained.
To sum up: If an ahaad report is supported by corroborating evidence
which indicates that this is true, then it becomes part of knowledge
and rulings of practice and belief may be established. There is
nothing to indicate that there should be any differentiation between
the two. Any person whosuggests that any of the imams differentiated
between them has to prove that with a sound chain of narration from
that imam, then he has to explain his evidence.
4. Allah, may He be exalted, has enjoined referring to the people
of knowledge for the one who is unaware of what is one of the most
important issues of 'aqeedah, which is Prophethood. Allah says
(interpretation of the meaning):
"And We sent not (as OurMessengers) before you (O Muhammad) any but
men, whom We sent Revelation, (to preach and invite mankind to believe
in the Oneness ofAllaah). So ask (you, O pagans of Makkah) of those
who know the Scripture [learned men of the Taurat (Torah) and the
Injeel (Gospel)], if you know not.
44. With clear signs and Books (We sent the Messengers)"
[al-Nahl 16:43, 44]
This includes asking one or many. End quote.
Shaykh Muhammad ibn 'Uthaymeen (may Allah have mercy on him)
Fataawa al-'Aqeedah, p. 18.

Ruling on the wife of one who reviles religion.

Dought & clear, - I heard that if a man reviles religion, his wife
becomes divorced from him, and he has to repent, seek forgiveness and
do a new marriage contract. How true is this?.
Praise be to Allaah.
Reviling religion is apostasy from Islam. The same applies to reviling
the Qur'aan or the Messenger (blessings and peace of Allah be upon
him): it is apostasy from Islam, and kufr (disbelief) after faith - we
seek refuge with Allah. But it does not mean that the wife is divorced
(talaaq); rather they should be separated without divorce. It cannot
be divorce; rather she becomes haraam for himbecause she is a Muslim
woman whereas he is a kaafir, and she remains haraam for him until he
repents. If he repents and her 'iddah has not yet ended, she goes
backto him without any needfor anything, i.e., if he repents and turns
back to Allah, she goes back to him. But if her 'iddah has ended and
he has not repented, then she may marry whomever she wants. That is
like a divorce but it is not a divorce (talaaq); rather it is like
divorce because Allah has forbidden Muslim women for kaafirmen.
If he repents after the 'iddah has ended and hewants to (re)marry her,
there is nothing wrong with that, but it should be done with a new
marriage contract, so as to be on the safe side and avoid an area
concerning which the scholars differed. Some scholars think that she
is permissible for him without a new marriage contract: if she chose
him and did not marry anyone else after the 'iddah ended, she remains
as she was (i.e., still married). However, the majority say that when
the 'iddah ends, she becomes irrevocably divorced from him and becomes
a non-mahram to him, and she cannot become permissible for him except
with a new marriage contract. So it is better and more on the safe
side to do a newmarriage contract. This applies if the 'iddah ended
before he repented. But if he repents before the 'iddah ends, then she
is still his wife, because theProphet (blessings and peace of Allah be
upon him) accepted the marriage contracts of men who became Muslim
after their wives did, before the wives' 'iddahs ended. End quote.
Shaykh 'Abd al-'Azeez ibn Baaz (may Allah havemercy on him)
Fataawa Noor 'ala al-Darb, by Ibn Baaz, 1/106