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Thursday, April 25, 2013

The Sunnah: The second source of legislation

The Sunnah (the actions, sayings and confirmations of Prophet
Muhammad, salallaahu alayhi wa sallam is the second source of Islamic
legislation and must be incomplete agreement with the first source (i.
e. the Quran).
The term Sunnah comes from theroot word 'sanna', which means to pave the way.
Sunnah can be used to describe a path that people follow. In Islamic
terminology, Sunnah applies to a prophetic way which includes
references to the Prophet's sayings, actions, approvals, physical
features and character traits.
His actions pertain to anything hedid, as authentically reported by
the Companions . His silent approvals on different issues meant he
didn't oppose or mind what he saw, heard or knew of the actions or
sayings of his Companions. Sunnah also includes everything
authentically narrated concerning the Prophet's physical features and
his traits.
The Quran and the Sunnah complement each other. Withoutthe Sunnah,
Islam is not complete, likewise without the Quran, Islam is not
complete.
Actually, Sunnah is so important that without it one cannot fully
understand the Quran and Islam, or be able to apply it to his life.
Both of these sources guide us tothe right path.
The Quran is the word of Allah, whereas the Sunnah is its practical
interpretation. Sunnah also gives a full account of the lifeof the
Prophet salallaahu alayhi wa sallam.
The Quran principally deals with basics. It is the Sunnah which gives
the details and necessary explanations of Quranic injunctions. For
instance, Allaah Says in the Quran what means: "…Establish the
prayer…" [2: 43] But it does not specify how the prayer has to be
performed.
Even after knowing the details, it may not be possible to follow
thedivine injunctions contained in the Quran. For not everything canbe
properly understood by wordsalone. Therefore, the Messenger of Allaah
salallaahu alayhi wa sallam demonstrated before the believers how the
prayer was to be performed.
Thus, not only did the Prophet salallaahu alayhi wa sallam inform the
believers of the divine injunctions, but he also put theseteachings
into practice in all matters pertaining to religion and daily life. He
salallaahu alayhi wa sallam himself practiced these injunctions
scrupulously. His practice was not a private matter; it had the status
of a detailed interpretation and application of the Quran.
Importance of the Sunnah
The Quran repeatedly reminds us of the importance of the Sunnah,
enjoining us to strictly follow the Prophet salallaahu alayhi wa
sallam.
Allaah, Almighty, Says what means: " …And whatever the Messenger has
given you – take; and what he has forbidden you – refrain from…"
[Quran 59:7]
Allaah also Says what means: "But no, by your Lord, they will not
[truly] believe until they makeyou [O Muhammad] judge concerning that
over which they dispute among themselves and then find within
themselves no discomfort from what you have judged and submit in
[full, willing] submission.." [Quran 4:65)
Again, Allaah Says what means: "It is not for a believing man or a
believing woman, when Allaah and His Messenger have decided amatter,
that they should [thereafter] have any choice about their affair. And
whoever disobeys Allaah and His Messenger has certainly strayed into
clear error." [Quran 33:36]
According to many verses in the Quran, the Muslim is bound to follow
the Sunnah of the Prophet salallaahu alayhi wa sallam. No one remains
Muslim if he does not accept the Prophet's Sunnah, salallaahu alayhi
wa sallam.
The Sunnah is nothing but a reflection of the personality of the
Prophet salallaahu alayhi wa sallam, who is to be obeyed at every
cost.
The Sunnah was not, as is generally supposed, a thing of which the
need may have been felt only after the Prophet's deathsalallaahu
alayhi wa sallam, for it was very much needed in his lifetime. The two
most importantreligious institutions of Islam are Prayer and Zakaat
(obligatory alms giving); yet when the injunction relating to Prayer
and Zakaat were delivered, and they were repeatedly revealed in both
Makkah and Madeenah, no detailswere supplied. 'Keep up prayers' is the
Quranic injunction, and it was the Prophet himself salallaahu alayhi
wa sallam who by his own actions gave details ofthe prayer by saying:
"Pray as you see me praying." [Al-Bukhaari]
Zakaah is again an obligation frequently repeated in the Quran, yet it
was the Prophet salallaahu alayhi wa sallam who gave the rules and
regulations for its payment and collection. These are two examples,
but since Islam covers the entire sphere of human activities, hundreds
of points had to be explained by theProphet salallaahu alayhi wa
sallam in word and deed.
The importance of the Sunnah, even as a second source of Islam, was an
openly accepted issue by the Companions of the Prophet salallaahu
alayhi wa sallam. Whenever they couldn't find a solution to a problem
in the Quran, they would refer to the Sunnah. And they were the most
diligent in preserving it for those who came after them.

Keep away from enmity

The Muslim has a mission in his life, and is required to be effective,
active, tolerant and social, mixing with other people and dealing with
them with tolerance and in accordance with the worthy Islamic
attitudes and behavior.
Allaah Almighty Says (what means): "And hold fast, all of you
together, to the Rope of Allaah (i.e. the Quran), and be not divided
among yourselves, and remember Allaah's Favour on you, for you were
enemies one toanther but He joined your hearts together, so that, by
His Grace, you became brethren (in Islamic faith), and you were on the
brink of a pit of Fire, and He saved you from it…" ] Quran 3:103]
Wherever the Muslim is found, hebecomes a beacon of guidance, and a
positive source of correction and education, through both his words
and deeds.
He has a good attitude towards others and treats them well. He isof
good and noble character, friendly, humble, gentle of speech and
tactful. He likes others and is liked by them. By doing so, he is
following the example of the Prophet as Anas reported that he was:
"The best of people in his attitude towards others." [Al-Bukhaari and
Muslim]
When a quarrel intensifies, when its roots go deeper, its thorns
become branches and branches increase in number, then the freshness of
the fruits of faith is adversely affected. Softness, sympathy,
satisfaction and peace,which are encouraged by the Islamic teachings,
receive a setback.
Performance of worship loses its righteousness, while the self getsno
benefit from it.
Many a time mutual quarrels perturb the persons who claim tobe wise.
When this happens, theytake recourse to lowly and superficial things,
and sometimesindulge in dangerous acts which only increase
difficulties and bring troubles. When a man is displeased, his eyes
become prejudiced and ignore the camel and object to gnat. Such eyes
do not appreciate the beauty of the peacock, for they only see its
uglyfeet and claws. If a slight defect is present, it turns the
molehill into a mountain. And sometimes the internal rancor and
jealousy affect them so badly that no hesitation is felt in inventing
imaginary stories.
Islam disapproves of all these manifestations of ill-feeling and
advises to abstain from them. It declares their avoidance as the most
virtuous form of worship.
The Prophet said: "Listen, mayI tell you something more important than
the fasting, the prayer and charity?" The people requested him to do
so. He said: "To keep the mutual relationship on the right footing,
because the defect in the mutual relationship is a thing which shaves
a thing clean. I do not mean that it shaves the hair, but that it
shaves (removes) the religion." [At-Tirmithi]
Many a time, Satan is not able to persuade wise men to worship idols,
but since he is very keen onmisguiding and ruining men, he manages to
succeed in driving them away from Allaah, so much so that these wise
men become more indifferent in respecting the rights of Allaah than
the idolaters themselves. The best method adopted by the devil for
this purpose is to sow the seeds of enmity in the hearts of the
people. When this enmity develops into a fire and open hostilities
result, he enjoys the scene. This fire burns man's present and future
into ashes and totally destroys their relationship and virtues.
The Messenger of Allaah said: "The Satan has been disappointed that he
would not be worshipped in the Arabian Peninsula, but he has not been
disappointed from kindling the fire of fighting among the people."
[Muslim]
It means that when wickedness takes roots in the hearts, when people
start hating love and brotherhood, and when these aredestroyed, people
then revert to cruelty and enmity, and break all those relations and
links which Allaah has commanded to be kept; thus spreading corruption
on this earth.
In order to remedy this disease, the most wonderful thing in a quarrel
is to forget it as it had never happened, because remembering it will
never be a sort of pleasure, while forgetting it will never be
harmless, and a good word is stronger than swords and spears.
Imaam Ibn Al-Qayyim said:"The origin of the enmity, evil and envy that
occurs between people is from the following of Al-Hawaa (the lowly
desire). The one who opposes his desire relieves his heart, body and
limbs, putting himself to ease and thus relieves others. Abu Bakr
Al-Warraak said: "When the desire prevails, the heart turns dark and
when it does so, the breast becomes straitened and when that happens,
the moral character deteriorates and consequently people will hate him
and he will hate them. Then think of the evil, enmity, neglect of
rights, etc. that arise from this mutual hatred."

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What should he do about his paternal uncle who unlawfully took his house that he inherited from his father, and he cannot do anything about it?.

My father had full ownership of an expensive house in Pakistan. About
10 years ago, when I was 10 years old, he had passed away, and I have
been raised by a single mother. Our financial conditions are worsening
as my education needs are growing. However, my fathers brother had
taken the house unlawfully and has been living in there since my
father's death. Whenever my mother would ask for our house back, he
would threaten to humiliate her and destroy her. Since I had moved to
Canada right after my father's death, I'm not familiar with the laws
and authorities in Pakistan, and since Pakistan is failing to govern
itself, it has poor controls of policing and other enforcement
agencies. Also, since my uncle is a very dangerous person, I am afraid
of what he would do if I go there and try to take my property back. My
question is that, in such dangerous circumstances, am I still obliged
to take my rightful property? And if yes, are there any suggestions on
how I should go about doing so?
Praise be to Allah.
Firstly:
What your uncle has done with this act of transgression – if what you
say is true – is a grave major sin. The inheritance must be given
after the death of the deceased to the legitimate heirs without any
wrongdoing or transgression. Allah, mayHe be exalted, said after
mentioning the shares of inheritance in His Book and after giving each
one who is entitledto a share his rightful share (interpretation of
the meaning):
"These are the limits (set by) Allah (or ordainments as regards laws
of inheritance), andwhosoever obeys Allah and His Messenger (Muhammad
SAW) will be admitted to Gardens under which rivers flow (in
Paradise), to abide therein, and that will be the great success.
And whosoever disobeysAllah and His Messenger (Muhammad SAW), and
transgresses His limits, He will cast him into the Fire, to abide
therein; and he shall have a disgraceful torment."
[an-Nisa' 4:13, 14].
What is meant is: these details about shares of inheritance are the
limits set by Allah, which must be adhered to and not transgressed.
Tafseer as-Sa'di, p. 170.
Your uncle has no right to the inheritance at all, because he is
blocked from inheriting by you. Brothers and sisters do not inherit
anything when there is a child of the deceased.
Undoubtedly the right tothe house is yours, and itis within your
rights to try to get possession of itby all possible means.
But if the situation is as described, that the government's authority
in such cases is weak and you have little support or help, and
youthink it most likely that your uncle is dangerous and that he will
never give you your house except with a great deal of trouble or he
will harm you or your mother, or the like, then you do not have to try
toget it back when the situation is as described. Rather you should be
patient in the hope that Allah will give you relief and a way out, or
until you gain the power to kick him out by the help of Allah. Do not
expose yourself to trouble that you cannot bear; rather delegate the
matter to trustworthy lawyers you can trust to help you by legal
means. If that is notpossible and you give upyour rights for fear of
further harm, there is noblame on you and you do not have to try to
take it back at all.
Imam Muslim narrated inhis Saheeh (201) that Abu Hurayrah (may Allah
be pleased with him) said: A man came to the Messenger of Allah
(blessings and peace of Allah be upon him) and said: O Messenger of
Allah, what do you think if a man comes and wants to take my wealth?
He said: "Do not give him your wealth!" He said: What if he fightsme?
He said: "Fight him back." He said: What if he kills me? He said:
"Then you will be a martyr." He said: What if I kill him? He said: "He
will be in Hell."
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
This is what the fuqaha' call an assailant, who is awrongdoer with no
justification for his wrongdoing. If what he wants is the wealth, it
is permissible to ward him off by any possible means. If he cannot be
warded off except by fighting, then he should be fought, but if one
does not want to fight and gives up some of thewealth, that is
permissible. But if what he wants is to commit animmoral action – such
as if he wants to commit zina with a man's mahram, or he wants to
commit indecent acts with a woman or a slave and the like – then it is
obligatory to protect oneself by any possible means, even by
fighting,and it is not permissible to allow him to do that under any
circumstances. This is different from wealth, which it is permissible
tolet him take, because allowing him to take wealth is permissible
butallowing him to commit indecent acts with oneself or one's mahrams
is not permissible.
End quote from as-Siyaasah ash-Shar'iyyah, 71.
Imam an-Nawawi (may Allah have mercy on him) said: Protecting wealth
is permissible butnot obligatory. With regard to the words of the
Prophet (blessings and peace of Allah be upon him), "Do not give it to
him," what is meantis: you do not have to give it to him; it does
notmean that it is haraam to give it to him.
End quote from Sharh Muslim by an-Nawawi, 11/202
If you lose any of your rights and are not able to get them in this
world, then you have an issue to settle with the one who has wronged
you, and that will benefit you, in sha Allah, on the Day when there
will be neither dirhams nor dinars (i.e., no money or wealth), and
there will only be good deeds and bad deeds.
Al-Bukhaari (2449) narrated that Abu Hurayrah (may Allah be pleased
with him) said: The Messenger of Allah (blessings and peace of Allah
be upon him) said: "Whoever has wronged his brother with regard to his
honour or anything else, let him seek his forgiveness today, before
there will be no dinar and no dirham, and if he has any good deeds to
his credit they will be taken from him in a manner commensurate with
the wrong he did, and if he has no good deeds, thensome of his
counterpart's bad deeds will be taken and added to his burden."
See also the answer to question no. 92650 , in which there is a
discussion on referring for judgement to man-made laws, which is
permissible in order toget back one's rights in cases of necessity. -
And Allah knows best. -
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What is the ruling on paying membership feesto Islamic societies and centres in Western countries?.

I want to join an islamic society in europe. This society includes a
mosque and dars.
The shura demands a membership fee. Is this halal?
Praise be to Allah.
If the situation is as described, there is nothing wrong with paying
the fees demanded by the societyand this is their right. If the one
who pays the fee intends, in addition to benefiting from the
activities, that what he pays is to support that society, then he will
be rewarded for that intention, in sha Allah, especially since the
Islamic societies and centres in Western countries are doing important
work, such as teaching the Muslims about their religion and striving
to spread Islam in those countries. They provide a good environment
for the Muslims there, so supporting them financially and in other
ways comes under the heading of calling people to Allah.
And Allah knows best.