Interest is Halal?

hahahaha ... I didnt even read the whole article. I kneW.

further dear brother krashid

the message of islam conveyed to humainity from Allah through Mohhaed saws was not just the quran

but also the sunah of Mohhaed saws.

as in the quran Allah says tmq

nor does he speak of his own desire but it is wahi (revelation)

this is an intrensic form of revelation and the sunah of Mohammed saws is an elaboration of the message of the quran

indeed the mannerisms and format of how we even pray namaz is laid down in sunah, and conveyed to us today via written hadith

ie. how we recite fatiha first , then perform ruku then sajood, .etc...

as mentioned above Mohhmaed saws intiially prhibited the writing down of haidth, then latter abrogated this rule, and allowed it.

your brother in islam

Ahmer

KHILAFAH THE NEED OF THE TIME !

visit www.khilafah.com.pk

the hadith are reports of the sunah of Mohhamed saws. they can bein both written and oral form.

some of these reports can be proven as 100% definative (muttawatir hadith) and any denial of them renders a person as kaffir. as it would in effect be a denial of the sunah (as written /orally trasmitted to us via such hadith) of Mohammed saws.

many hadith in the early days of islam were transmitted orally, similarly to how the quran was transmitted, by muslims becoming hafiz ul quran, or of various ayah`s surah of quran.

In terms of the evidences of writing hadith and in written form recording the sunah of Mohhaed saws it is known from many narrations taht the

Prophet (saw) only prohibited this i.e. writing hadeeth in order to distinguish

it form the Quran and later he permitted and even recomended teh Sahabah to

write narrations and in fact they did actually do this as did the Sahabah and

also the tabi`een. However the the instruction to write them came from Umar ibn

Abdul Aziz (ra) as their a danger of losing the sunnah and therefore this needed

to be preserved in a written form.

The full text of the narration that Prohobited writing is clear upon the reason

and also on the authority and obligation of accepting the Sunnah and is actually

Mutawatir as it is narrated by Seventy two Sahabah (ra). The narration is as

follows:

Laa taktabu anni, wa man kataba anni GHAIR AL QURAN falyamhihu, HADDATHU ANNI wa

laa haraj, man kazaba alayi muta`ammidaa falyatba`oo miqadan min annar

Do not write what you hear from me OTHER THAN THE QURAN what has been written

should be rubbed off NARRATE FROM ME there is no harm, whoever lied about me

deliberately then let him take his seat in the hellfire. Sahih Muslim Volume 2

page 414.

i) So it is clear that the prohibition was in order to not mix the text with the

Quranic script initially. An many other texts illustrate the permissablity of

writing the ahadeeth of the Messenger (saw).

ii) He (saw) ordered them to narrate the saying clearly establishing the

obligation of accepting the narrations from teh Propthet (saw) i.e. the Sunnah

Anas (ra) narrates that the Prophet (saw) said: ``Qaiyudoo al Ilm bil

Kitab``/``Preserve knowledge through writing!`` This was narrated and accepted by

the famous hadeeth scholar Ibn Abdul Barr (rahimuhullah) in his well known work

al Jamiy ul bayan ul ilm volume 1 page 72.

Abdullah ibn amr ibn al as (ra) narrates that the Prophet (saw) said ``Qaiyudul

Ilm``/``Preserve knowledge`` and he asked how should it be preserved? he (saw)

responded ``kitabatuha``)/ ``By writing!`` Narrated by Imam al Hakim an Naysaburi

(ra) in his Mustadrak Volume 1 page 105 and classified it as Sahih.

One of the Ansar complained that he would hear a Hadeeth but would not be able

to remember it and so the Prophet (saw) advised him saying: ``Asta`in be

yameenika``/``Seek help from your write hand`` and pointed to some writing as

narrated by Imam Tirmidhi in his Al Jami Volume 20 page 107/.

This is a clear directive commanding them to write i.e. it was mandoub as it

aidied them remebering and practising the Deen but Mubah generally.

Another famous Sahabi Rafi`i ibnu Khadij (ra) narrates ``I said to the Prophet

(saw) we hear many things from you, should we write them down?`` He (saw)

responded ``Aktubu wa la haraj``/``Write! There is no harm``. Narrated by IMAM

suyuti in his Tadreb ar Rawi page number 276.

Salma one of the tabi`een and students of Ibnu Abbas (ra) stated that he saw a

board upon which Ibn Abbas (ra) had written on actions of the prophet (saw) on

the authority of Abu Rafi`i (ra). Ibn Sa`d mentions this in his Tabaqaat Volume

2 page 371.

KHILAFAH THE NEED OF THE TIME!

visit www.khilafah.com.pk

krashid 143

salaamu alaikum

i will reply to your pst shortly with evidences

your brother

Barrister Ahmer Sajid

visit

www.khilafah.com.pk

absolutely not!!!

it is not

Barrister Amir #143

On your point of prohibition of writing of Hadith and later to be written by Ijmaa of Sahaba some points need to be mentioned.

The Hadith narrated by Zaid bin Thabit was at the time of Amir Muawiya RZAH.

When the Hadith were collected it was Tabiyeen and Tabah Tabieen who were alive and hardly any Sahaba.

Barrister Amir #

I can discuss this topic many ways.

Prophet PBUH must have been well aware of Ayah relating to the two SOURCES of Islamic Laws or teachings. Quran and Sunnah.

Inspite of that he prohibited to write his narration. Does`nt this action of prophet PBUH itself shows that Sunnah and Hadith cannot be equated? It is very logical and you are a barrister so you can see the logic very carefully.

I fully agree with you regarding the theory, that there was so much chaos, that ultimately this task of Hadith collection was taken and according to my thinking was the main reason for writing Hadith.

I did not ask you whether Hadith are true or not? I think regarding the method of collection of Hadith, they are probably an authentic Historic source (Meaning authenticity humanly possible keeping all circumstances in mind like time period elapsed etc).Instead, I asked you the question what importance you give to Hadith?

I will present my view point, so that you know where I stand. First the message given by God to prophet PBUH in the form of Koran was for all times. But Prophet PBUH was limited by certain time and place to apply that message. That is prophet PBUH applied message of Islam according to his own time and socio-economic circumstances.

If you see this way, you may understand why Prophet PBUH might have prohibited writing his Hadith. Moreover he also said that after me don`t go astray like previous people who made the graves of their dead ones into worship place. So my thinking in this matter is that prophet PBUH himself was aware of his mission of 1- Delivering the message of God for all times and doing everything in his power to preserve it. Like the Ayah where God says that it is his responsibility to keep it remembered by prophet and not to haste in reciting (or something of sort). And Prophet also put people not only to memorize it but write it. Abdullah bin Masood, Zaid Bin Thabit etc.

2- His duty of applying the message of God to his own times and to leave the future generation to take guidance from Koran as a source of his Sunnah also. That is the reason of prohibition of writing his Hadith by himself.

As we say. And God knows better and has his own ways.

dear brother

assalaamu alaikum

i have researched the issue of the hadith you mentioned.

Mohhamed saws initially told the muslims as you correctly related the prohibition of writing down his hadith.

however this rule was abrogated latter by the ijma as sahaba.

in islam there are 4 definative sources of islamic law.

these are the quran

the sunnah of Moohamed saws

the ijma as sahaba (consensus of his companions which is well substanitated in islamic evidences).

and qiyas.

below i have pasted for a an extract from the draft translation of vol.1 of a book published by Hizb ut-Tahrir entiled the islamic personality (shaksiyya islamia ) page 173 on sunah

which goes into usool al fiqh (foundations of islamic jurisprudence ) amongst other issues.

The Sunnah p.173

Sunnah and hadith have the same meaning. What is intended by the word Sunnah

is what has been reported about the Messenger of Allah (saw) from his

saying, action and consent. What has been reported about the Sahaba is also

considered part of the Sunnah because they used to live with the Prophet

(peace and blessings be upon him), listen to his saying, witness his actions

and narrate what they saw and heard. The hadith is considered a shari`a text

because Allah (swt) said:

`Whatsoever the Messenger [saw] gives you, take it, and whatsoever he

forbids you, abstain from it`.[59:7]

And He said:

`Nor does he speak of his own desire. It is only an revelation that is

inspired`.[53:3-4].

Many verses of the Qur`an have come as mujmal (ambivalent) which the hadith

has provided the details. So prayer, for example, has come as mujmal

(ambivalent), but it is the action of the Prophet (saw) that has clarified

the times and manner of prayer. In this manner, many of the ahkams in the

Qur`an used to come as mujmal (ambivalent) and the Messenger (saw) used to

explain them. He (swt) said:

`And We have sent down unto you (O Muhammad [saw]) the Reminder so that you

may explain to people what has been sent down to them`.[16:44].

The Sahaba ( may Allah be pleased with all of them) were the ones who heard

the sayings of the Prophet (saw) and they saw his actions and condition.

When they came across a problem in understanding an ayah or they disagreed

about its tafseer or a ruling from it, they used to refer to the prophetic

hadiths for clarification. In the beginning, the Muslims used to rely on

memory and accurate transmission without looking at what they have written,

by memorising this knowledge like their memorisation of the Book of Allah.

When Islam had spread and the cities had expanded, and the Sahaba were

dispersed/scattered across the regions and most of them had died and

accuracy in transmission diminished. It became necessary to document the

hadith and record it in writing.

The age of compiling the hadith goes back to the age of the Sahaba. There

were a number of persons amongst them who used to write and narrate from

what they have written. It has been narrated about Abu Hurayra that he said:

from the companions of the Prophet (saw) no one narrated more hadiths than

me except Abd Allah b. Umar. But he used to write them down, I did not.

However, those sahaba who did write down the hadiths were scarce due to them

being few in number. Most of the Sahaba used to that in their hearts since

they were forbidden from writing hadith in the beginning of Islam. Muslim

reported in his Sahih on the authority of Abu Sa`eed al-Khudri that he said

that the Messenger of Allah (saw) said:Do not write down anything from me.

Whosoever writes down anything from me other than Qur`an, let him erase it.

Narrate about me, there is no objection.Whosoever deliberately lies about

me, let him reserve his place in the hell-fire. That is why the Sahaba

desisted/refrained from writing down hadiths, rather they were content just

to rely on memory and being careful. The Sahaba gave strong attention to

learning the hadith. It has been proven/established that many Sahaba

refrained from accepting numerous reports. Ibn Shihab narrated from Qabisa

that her grandmother came to Abu Bakr (r.a.), seeking her inheritance. He

said: I did not find anything mentioned in the Qur`an for you and I do not

know that the Messenger of Allah (saw) mentioned anything for you Then he

asked the people. Al-Mughira stood up and said: the Messenger of Allah (saw)

used to give her a sixth. He said: Do you have anyone who can corroborate

this? So Muhammad b. Maslama bore witness to the same thing so Abu Bakr

implemented this ruling for her.

Al-Jariri narrated from Abu Nadra who narrated from Abu Sa`eed that Abu Musa

gave salam/salutations to Umar three times behind the door but he was not

given permission to enter. So he turned back. Umar sent ..why did you

return/turn back? He said: I heard the Messenger of Allah (saw) say: When

one of you gives salam three times and you are not answered, then let him

turn back.

From this we see the cautiousness/carefulness of the Sahaba (may Allah be

pleased with them) in the narration of hadith and their precautions in

accepting reports. It has even been narrated that Umar (r.a.) did not give

much attention to the narration of Fatimah b. Qays (which states) that there

is no maintenance (nafaqa) or lodging (sukna) for the woman who has been

irrevocably divorced (mabtuta) with three pronouncements. He said: We shall

not abandon the Book of our Lord or the Sunnah of our Prophet (saw) for the

speech of a women we do not know if she has memorised it or forgot it. This

does not mean (that Umar left her hadith because) she is a woman, rather

what it means is that we will not leave the Book and Sunnah for the speech

of someone for whom it is not known whether she has memorised it or forgot

it. The illah (reason) is whether she memorised it or not, and not because

she is a woman.

When the fitna (civil war) ensued after the murder of Uthman (r.a.) and

Muslims started to disagree among themselves and parties came forth from

them. The attention of every party was devoted to deducing evidences and

reporting hadiths which supported their claims.

Some of them, when they needed a hadith to support a saying or establish the

proof for something, they would themselves concoct a hadith. There was a

proliferation of such fabrications during this period of disorder. After the

fitna (civil war) had abated the Muslims embarked upon checking the hadith,

they found that those fabrications had become widespraed. So they laboured

to separate the fabrications from the sound (sahih) hadiths.

And when the age of the Sahaba had come to an end and the Tabi`un came after

them. They proceeded on the same method and they followed the noble Sahaba

in their attention to the hadith and its spread through the medium of

narration. Until the reigns of the Khilafah were placed in the hands of the

just Khalifah `Umar b. `Abd al-`Aziz. He ordered the hadith to be written

down at ther turn of the first century. Bukhari said in his Sahih in the

kitab al-`ilm (The Book of Knowledge) that `Umar b. `Abd al-`Aziz wrote to

Abu Bakr b. Hazm :`Look for what you can find of the hadiths of the

Messenger of Allah (saw) and write them down. I fear for the lessons of

knowledge and loss`dwindling of scholars. Do not accept anything other than

the hadith of the Prophet (saw) so that you may dissiminate knowledge and

sit doewn to teach those who do not have knbowldge until they have knowldge.

Verily, knowldge is does not perish unless it is secret` Likewise, he wrote

to his `Amils (district governors) to pursue the ahadith in the town centres

(ummahat) of the Muslim cities.

The first one to record the hadith in accordance with the order of `Umar b.

`Abd al-`Aziz was Muhammad b. Muslim b.`Ubayd Allah b. `Abd Allah b. Shihab

az-Zuhri. He learned knowledge from a group of young Sahaba and senior

Tabi`in. Then the recording of hadith became widespread in the generation

which followed the generation of az-Zuhri. From among those who collected

the hadith they were Ibn Jurayj in Makkah, Malik in Madinah, Hammad b.

Salama in Basra , in Kufa Sufyan al-Thawri, in the al-Sham region al-Awaza`i

and others in the various Islamic lands. The hadith collections of those

people were mixed with the sayings of Sahaba and the fatwas (legal verdicts)

of the Tabi`in. All this was in the second century A.H. Then the

transmitters of hadith began to write their own compilations and

compositions/works in the beginning of the third century. Compilation of

hadith continued consecutively until the appearance of Imam Bukhari. He was

distinguished in the science of hadith and he wrote his renowned book ;

Sihih al-Bukhari in which he quoted those hadith which he perceived to be

authentic. He was followed in his tracks by Muslim b. al-Hajjaj who was a

student of Bukhari. He wrote his famous book: Sihih Muslim. Those two works

are designated as the `Sahihayn` (the two sahih works).

When the imams of hadith began to record the hadith, they recorded them in

the manner in which they found them. They did not omit anything that reached

them in the majority of cases except what was known to be fabricated and

concocted. They compiled them with their isnads with they found in them,

then they rigorously investigated the states/condition of the transmitters

until they knew whose narration can be accepted, and whose narration is to

be rejected and whose narration one should stop/desist from accepting. They

followed that up with a study of the report and the state of the

narration.Since not everything that is narrated by a transmitter who is

characterised with trustworthiness and accuracy can be taken because he is

susceptible to absent-mindedness/forgetfulness or error.

The hadith was a broad topic which encompassed all the Islamic disciplines.

It used to include tafseer (Qur`anic exegesis), legislation and the Sira.

The hadith transmitter used to narrate a hadith which would include the

tafseer of an ayah of the Noble Qur`an, or a hadith which contained a ruling

on an incident/event, or he would narrate a hadith which would mention one

of the battles, and so on and so forth... When the Muslims began to bring

together/collect all the hadiths and the hadith came to be put down in

writing, the compilation of hadith began in the various cities/capitals of

the state. The compilation of hadith singled out the hadith of the Messenger

(saw) from everything other than it. Due to this the hadith became

independent from the fiqh just as it became independent from the tafseer.

This was at the end of the first two hundred years. Afterwards the movement

for the collection of hadith was active and it separated the sound hadith

from the weak ones, describing the men (transmitters) and gave a ruling

whether for or against them.

The Sunnah is a Shari`a Evidence like the Qur`an p.179

The Sunnah is a Shari`a Evidence (daleel Shar`i) like the Qur`an. It is

revelation from Allah (swt). Confining oneself to the Qur`an and leaving the

Sunnah is kufr buwah (manifest disbelief). It is the opinion of those

outside the fold of Islam. As for the Sunnah being revelation from Allah

(swt), it is explicit from the Qur`an al-Kareem. He (swt) said:

`Say:``I warn you only by the revelation```.[21:45]

And He (swt) said:

`Only this has been inspired to me, that I am a plain warner`.[38:70]

And He (swt) said:

`I only follow that which is revealed to me`.[46:9]

And He (swt) said:

`I but follow what is revealed to me from my Lord`.[7:203]

These verses are definite in authenticity and definite in their meaning of

restricting what the Messenger (saw) has brought, warned people of, and

pronounced as coming from the revelation which is not open to any

interpretation. Thus, the Sunnah is revelation like the Qur`an. As for the

obligation of following the Sunnah like the Qur`an al-Kareem, it is also

explicitly stated in the Qur`an. And He (swt) said:

`Whatsoever the Messenger [saw] gives you, take it, and whatsoever he

forbids you, abstain from it`.[59:7]

And He (swt) said:

`He who obeys the Messenger (saw), has indeed obeyed Allah`. [4:80]

And He (swt) said:

`And let those who oppose the Messenger`s commandment beware, lest some

fitna (affliction) befall them or a painful torment be inflicted on

them`.[24:63]

And He (swt) said:

`It is not for a believer, man or woman, when Allah and His Messenger have

decreed a matter that they should have any option in their decision`.[33:36]

And He (swt) said:

`But no, by your Lord, they can have no iman, until they make you (O

Muhammad) judge in all disputes between them, and find in themselves no

resistance against your decisions, and accept them with full

submission`.[4:65] And He (swt) said:`Obey Allah and obey the

Messenger`.[4:59]

He (swt) said:

`Say (O Muhammad):If you (really) love Allah then follow me`.[3:31]

So, all of these ayahs are explicit and clear in the obligation of

following the Messenger (saw) with regards to what he has brought. And in

considering the obedience to the Messenger as obedience to Allah (swt).

So the Qur`an and hadith are shari`a evidences in terms of the obligation of

following what has come therein/ what has been mentioned in them. The hadith

is like the Qur`an in this respect. Therefore, it is not allowed for someone

to say: we have the Book of Allah from which we will take (rulings), because

what one understands from this statement is that the hadith has been

abandoned. Rather, it is imperative that the Sunnah is mentioned together

with the Book. So the hadith is taken as a shari`a evidence just as it is

taken from the Qur`an. It is not allowed for anything to ensue from a Muslim

which is perceived to mean that the Qur`an is sufficient, excluding the

Sunnah. The Messenger (saw) has alluded to this. It has been reported that

the Prophet (saw) said: You may alsmost find a man amongst you who sits on

his bed narrating my hadith saying:Btween me and you is the Book of Allah.

What we find halan in the Qur`an we will make halal and what we find haram

in it we will make haram. As for what the Messenger of Allah forbade, it is

like what Allah has forbidden` And in the narration of Jabir, which goes

back to the Prophet, he (saw) said: Whosoever comes to know a hadith about

me and he rejects it. He has rejected three : Allah, His Messenger and the

one who informed him of the hadith`. Therefore, it is wrong to

measure/compare the Qur`an with the hadith, if the hadith does not agree

with it we abandon it. Because this leads to abandoning the Sunnah if it

came to specify the Qur`an, restrict it or elaborate its ambivalent (mujmal)

parts, since it appears that what the hadith states does not accord with the

Qur`an or it is not found in the Qur`an. Like the hadiths which add/attach

branches to the foundation (asl). Indeed, the rules mentioned in the hadith

have not been mentioned in the Qur`an. Especially, many of the detailed

rules which have not been brought by the Qur`an but mentioned by only the

hadith. That is why the hadith is not compared to the Qur`an. What the

hadith has mentioned is accepted and anything other than it is rejected.

Indeed, the order regarding this is that when a hadith mentions something

which contradicts what has come in the Qur`an as definite meaning, then the

hadith is rejected by on the basis of its meaning ie the text (matn).

Because its meaning contradicts the Qur`an. That is like what has been

narrated about Fatimah bint Qays that she said:`My husband divorced me three

times in the time of the Messenger of Allah (saw). So I went to the Prophet

(saw) but he did not allow me to get lodging (sukna) or maintenance

(nafaqah). This hadith is rejected because it contradicts the Qur`an. It

contradicts His (swt) saying:

`Lodge them (the divorced women) where you dwell, according to your

means`.[65:6]

Therefore, the hadith is rejected because it has contradicted definite text

and definite meaning of the Qur`an. As for when the hadith does not

contradict the Qur`an since it includes things not brought by the Qur`an or

it is an addition to what is in the Qur`an, then the hadith is taken just

like the Qur`an. It should not be said ; the Qur`an and whay has been

,mentioned in it suffices for us since Allah has ordered us to (follow) them

both together and it is obligatory to believe in them both together.

Educing proofs using the Sunnah/Educing Sunnah as proof p.182

It is known that the Sunnah is the speech, actions and silence of the

Messenger (saw). And that it is obligatory to follow the sunnah like the

Qur`an. However, it has to be established that the Messenger (saw) is the

one who has said this saying, that he (saw) did this action or was silent

over this saying or action. And when the Sunnah has been proven, then it is

correct to educe it for the shari`a rules and beliefs. It is a proof to say

that this thing established by the Sunnah is a Shari`a rule or one of the

articles of belief. However, the authenticity of the Sunnah is either

definite (qat`i), such as when a group of tabi-tabi`in transmit from a group

of tabi`in from a group of sahaba who narrated it about the Prophet (saw) on

the condition that each group is of a sufficient number such as to preclude

the possibility of an agreement on a lie. This is the mutawatir Sunnah

(recurrently transmitted sunnah) or the mutawatir report. As for when the

Sunnah`s authenticity is speculative (zanni), such as when a single narrator

or separate single narrators transmit from a tabi`i-tabi`in from a single

tabi`i or separate single tabi`i`s from a single sahaba or separate single

sahabas who narrated from the Prophet (saw). Consequently, the Sunnah, with

respect to its eduction, comprises of two categories ; the mutawatir report

and the solitary report (khabar al-ahad). As for the mashur or mustafid, it

is the report transmitted via single narrators who narrated from them

Prophet (saw), then the report became widely known in the age of the tabi`in

or the tabi-tabi`in. So it is one of the solitary reports (khabar al-ahad),

and it is not a third category. Because in eduction it is not higher than

the level of a khabar al-ahad. It definitely does not reach the level of

mutawatir. As long as the transmission is open to the presence of solitary

transmitters in any tier whether among the Sahaba, Tabi`in or Tabi Tabi`in,

then it is considered a solitary report even if the last two tiers composed

of groups. Thus, the Sunnah is either mutawatir (recurrect) or ahad

(solitary), there is not third category.

The khabar al-ahad, if it is sahih (sound) or hasan (good), is considered a

proof for all of the shari`a rules and it is obligatory to act upon them.

Whether the rules pertain to `ibadat (worships), mu`amalat (transactions) or

punishments (`uqubat). Educing it as proof is correct. The use of solitary

reports in establishing shari`a rules is proven, on which the Sahaba (r.a.)

have a concensus (ijma`). The evidence for that is that the Shari`a has

recognised testimony in establishing a legal case, which is a solitary

report. So accepting the narration of a Sunnah and accepting the solitary

report is compared with the acceptance of a testimony. That is because it

has been proven by the text of the Noble Qur`an that a ruling can be passed

on the basis; of two male witnesses or one man and two female witnesses

regrading money, on the basis of testimonies by four witnesses in zina and

two witnesses for hadd punishments and equal retribution (qisaas). The

Messenger of Allah passed judgement on the basis of a testimony by one

witness and the oath of the sahib al-haqq, and he accepted the testimony of

one woman regarding suckling and all of these are solitary reports. All the

Sahaba proceeded on this and no one nrrated from them anything that is to

the contrary. The judgment is binding by the preponderance of the truth

over the lie as long as the uncertainties which make the report to be

suspected as a lie are absent or not proven. This binding (ruling) is

nothing other than acting upon the solitary report. It is obligated by qiyas

that we act upon the solitary report narrated about the Prophet (saw) to

outweigh the truth as long as the narrator is just (`adl), trustworthy

(thiqa) and accurate (dabit) and he has met the person from which he has

narrated the report. Then the doubt of suspected lying is absent and this

doubt is not proven. So the acceptance of the solitary report about the

Messenger (saw) and educing it as proof for a hukm is like the acceptance of

a testimony and giving the ruling according to the judgement that has been

passed. Therefore, the solitary report is a proof as evidenced by what the

Qur`an has guided us to.

Not to mention that the Messenger (saw) said:`May Allah make a servant

radiant, the one who hears my saying and memorises it and deliver/transmits

it. Perhaps the one carrying the knowledge is not a faqih and perhaps he

will carry the knowledge to someone who is more knowledgeable than him`. The

Messenger (saw) says `may Allah make a servant radiant` and not `servants`.

` a servant` (`abdan) is generic applicable to one or more persons. So he is

praising the single and other single persons for transmitting his hadith.

Moreover, the Prophet (saw) is calling people to memorise his saying and

transmit it. So it is fard on every Muslim who hears it (whether one or more

persons) to transmit it, and his delivery and transmission of the Prophet`s

saying to others will have no effect if his statement is not accepted. So

the call of the Prophet (saw) to transmit his sayings is a call for it to be

accepted as long as the person to whom the hadith is transmitted believes

that this is the speech of the Messenger. ie as long as the transmitter is

trustworthy, honest, God fearing, accurate and he knows what he is conveying

and what he is leaving out, until the suspicion of lying is gone and the

truth is preponderant. This shows that the solitary report is a proof from

the explicit text of the Sunnah and according to what the Sunnah has

indicated.

In addition to this, the Prophet (saw) sent at one time twelve messengers to

twelve kings inviting them to Islam. Every messenger constituted one person

to the direction he was sent. If the conveyance (tabligh) of the da`wa was

not obligatory to follow through a solitary report then the Messenger (saw)

would not be content to send one person to convey Islam. So this is a

explicit evidence from the action of the Messenger (saw) to say that the

solitary report is a proof in the conveyance of Islam. The Messenger (saw)

used to send letters to governors in the hand of solitary messengers, it did

not occur to to any of his governors to abandone implementing his order

because the messenger was a single person. Rather they adhered to what the

messenger brought from the Prophet (saw) in terms of rulings and orders.

That is also an explicit evidence from the action of the Messenger (saw) for

the fact that the solitary report is a proof to oblige us to act upon the

shari`a rules and it is proof for for the orders and prohibitions of the

Prophet (saw). Otherwise the Messenger (saw) would not be content to send

just one person to the governor.

What is proven about the Sahaba in what has become well known about them and

what has been narrated about them is that they used to take the solitary

report when they trusted the narrator. The proven facts in this matter

exempt/exclude any limitation or restriction and nor has anything been

reported about any one of them that they rejected a solitary report because

it has been narrated by a single narrator. Rather they used to reject the

solitary report because they did not trust its narrator. Therefore, the

solitary report is a proof for shari rules and in conveying Islam as

evidenced by the Kitab, Sunnah, Ijma` (consensus) of the Sahaba (may Allah

be pleased with them).

for more info visit

Barrister Amir Sahab# Hadith regarding prohibition of writing Hadith with my limited resurces is. (I think there are more).

Sunan Abu-Daud. Book 25; number 3640.

Narrated Zayd bin Thabit---``the apostle of Allah ordered us not to write any of his tradition.``

Sunan. Book 25, 3644

Narrated Jundu---Prophet said, if anyone interprets the Book of Allah in the light of his (prophet`s) opinion, even if he is right, he has erred.``

Please note that these are partial Hadiths. I have given pertinent quotes only. Any error on my part may, Allah forgive me, is not intentional.

Barrister Amir #140

The problem with striving for Khilafa is this.

First in Quran it says that there should be a party (or group) among Muslims which invites towards good and forbid the evil.

In fact the Muslim State of Medina came into being due to many circumstances favorable for Prophet PBUH. Otherwise the mission of Islam was and is the same which prophet PBUH preached both before migration migration and after migration. And I don`t see any historical evidence that prophet PBUH was striving to form a Muslim state in Meccah.

Second it is said in Koran that if WE give them the power they establish prayer and good deeds etc--(something of sort and I have to just go back for exact wording). Here It is the God`s responsibility as far as Khilafah is concerned. Duty of Muslims and their parties is to incite for good and prohibit evil.

Third even immediately after death of Prophet PBUH, the matter of piousness of say Abu-Bakr RZAH was not resolved by stating that he was the most pious person. In Saqifa Banu Saida the matter was resolved not because of piousness but presentation of Hadith that Ruler should be from Quraish.

Also Medina was a small population probably 10-20,000 and it was easier to find out about the person very easily. (I have lived in a village of 10,000 and I know it first hand). In this age of mass media, multi-million population etc what is the way of finding that a person is pious and is most able etc. For example Zia-ul-Haq made a speech as a leader of more than a billion Muslims in United nations and media projected him as such. Does it mean that Zia-ul-Haq was the most pious and Able (Don`t let me laugh) person among Muslims. As far as I can see Bhutto was most able, but not pious. Who is going to determine whether a person is pious and able. If you say Quran. Than you don`t mean ``Faal`` or Istikhara.

I will try to provide you reference regarding Hadith that Prophet PBUH prohibited to write his Hadith.

dear brother krashid reply 139

1. the khilafah system is not democractic nor a republican system.

the khailfah is elected for life.

and is not elected on the basis of what laws he will enact but on the basis of who is the best man to lead the ummah.

hence muslims will consider factors like his character.

his strength of will (eg is he mentally strong and ascertive enough to lead the ummah and defend her interest?)

is he pious

is he just

is he knowledgeable in islamic law.

is he good administrator.

etc

this is clearly unlike a republic where people choose a president who will bring into force laws they want !!!

hence people voted in usa for gorge W bush because he came from a conservative ``republican partty`` background.

in contrast to al gore who represented the views of liberals

and the ``democrats party in usa``.

further in a democractic system or a presidential republic system like usa , the elected politicians in parliament (like shura assembly) are the executuve in that they make the laws also.

in islam only the khalifah has full executuve power. because in islam leadership is in one mans hand only not 100s in an assembly. negoiting their differences on how the nation shown be run.

however the ummah (as mentioned preiviously) use majlis al ummah to account the khailfah and adivse him and not to enact laws !!

on the second part of your question.

i agree with you non of the present regimes in muslim lands are islamic . they play with words and leglaise haram laws with islamic name tags.

would anyone eat a halal ham (pork) sandwich ?

even if the box in which the ham sandwich came in said bismillah on top

it would still be haram.

hizb ut tahrir has researched extensively in all thse matters and constantly analyses the changing realities and dynaics of muslims countries. and updates its research and ijtiahd on appying the intricaises of islamic law for all matters.

islam is not restricted to the fiqhi books of the classical ulama.

but the priciples of islam are applicable for all times

though the process of deriving new fiqh (islamic understandings) though ijtihad (researching islam to derive fiqh on new issues) and and qiyas ( divine analogy to apply the principles of islamic donctrines for all times).

hence hizb ut tahrir has written books on the economic system of islam

taxation and funds of the islamic state.

education system of islam and many many more isues facing the muslims.

from

far east economic crash and crisis

to

gmt foods and cloning.

and many many more such subjects.

we also have wriiten a draft constitution of the islamic khilafah state with all the detailed evideces from islam.

some of these books are available in english and urdu , the remaimder in arabic.

please visit

http://www.khilafah.com/1421/books.php

where you can purchase or download some of these detailed books.

Ps. please forward me the refernce of the hadith you mentioned at the end. as i have not heard of it beofre. and would humbly like to verify it.

your brother

Ahmer Sajid

Barrister Amir#

The points you are mentioning are, in my understanding of your post:

1- Presidential system (Khalifa)

2- Once elected he is the Khalifa of all people. And the laws of land need to implemented on all whether they elected him or not.

3- Majlis Shura comprising of elected political figures from Islamic political parties to help him and keep him in check etc.

I think this is the way democratic system works.

As far as Islamic laws.

Do you know Islamic laws applicable in Islamic countries for example banking laws, laws enacted for higher education, etc. And how do you know they are Islamic. Only possibility of an Islamic Law in this time is that they are not un-Islamic without resorting to devious logic. (Like making Riba Halal by devious logic)

Do you think Fiqh represents the laws of Islam for all time. If so I salute Imam Abu-Hanifa, Shafai etc to be so farsighted to see the socio-economic status of twentieth century.

Don`t tell me that not having a beard comes under law.

Also there is a Hadith of Prophet PBUH not to write his Hadith (And no Hadith to write it). In view of this what importance you give to Hadith.

ali r.a was the khalifah as he obtained the bayah.

further you are right there is a hadith narrated by mohhamed saws and it is a sahih hadith. which restricted the muslims to having only one leader khaifah at any one time period.

muawiya rebeled against ali r.a

and therfore ali r.a fought against him.

however Ali r.a was assasinated by the khawarij.

imam hasan became the 5th khalifah and was given the bayah.

he then resigned fromt he post and the ummah gave bayah to muawiyah.

hizb ut tahrir aims to re establish the khilafah based upon quran and sunnah. ijma sahaba and qiyas.

the khuafah rashidah are an example of the islamic ruling system

where the ummah gave the bayah to the khalifah.

and sadly when muawiyah took tried usurping power. he tried removing the right of the ummah to give bayah.

hence to insure such things do not happen again. hizb ut tahrir

prepares the ummah for the khilafah. encourages all muslims to become cincerns of the interests of the ummah and look after their needs. to be aware of our leaders and the kuffar who plan and plot against islam.

in the islamic khilafah theire will be 3 mechanisms to account the khalifah. and insure the ummah has its right to give bayah. further to account the khaifiah to insure he implemts only islam and if he implements non islam to remove him from authority.

these are

1 the qadi mudalim (judge of the court of unjust acts)

2 majlis al ummah (a council of the ummah elected by and repsentiing the ummah to account and advise the khalifah)

3. islamic political parties prevalent in society who will account the khalifah and insure he does not go ultra vires ie goes beyond his powers and implenments haram.

further once a khalifah is given bayah. the minority who voted against him are even obliged to give him bayah. as muslims are allowed only one khalifah at a time and are obliged to give him bayah.

in Sahih Al-Bukhari, ``There will be no prophet after me. But there will be Khulafah, and they will number many``. The Sahabah asked, ``What is your command concerning them``. He (saw) said: ``Give them the Bayah, one after one.``

Ibn `Abbas narrated that the Prophet said: ``If anyone sees in his amir something that displeases him let him remain patient, for behold, he who separates himself from the sultan (authority of Islam) by even so much as a hand span and dies thereupon, has died a death of the days of jahilliyah``.

further in another hadith it is narrated the one who does not give bayah on his neck to a khalifah dies the death of jahiliyah

hence even those who minority who did not vote for the elected khalifah are obliged to give him allegiance (bayah) once he is given the bayah by the majority.

hence you will find the islamic state strong and unified. under the amdinstration of the khalifah who is the shield of the beleivers.

visit

www.khilafah.com.pk

Barrister Amir#

What will you do to a person who does not give Bayah or majority does not give Bayah.

I think Islamic history is replete with the stories regarding their fate.

Let me ask you a simple Islamic question. Since you are very much well versed in Islam.

Who do you think was right. Amir Muawiya RZAH or Hazrat Ali RZAH.

Do you know about the Hadith that if there are two Rulers kill one of them. (or something of sort). In this case who do you think needs killing at least theoretically. Or there are some exceptions to Hadiths also.

Please answer, otherwise I will think that you just write from preprinted material without using the faculty which God has unnecessarily given to the Muslims.

dear muslims

assalaamu alaikum

the 6 criteria`s are not fanciful ideas

but rules regarding the critiera of the individual who will be head of the khilafah(islamic state).

they are the basic critiera laid down by the detailed evidedences laid down by islam.

and you can acess the detailed evidences via dowloading the book ``khilafah`` from

www.khilafah.com

not everyone eligible to be khalifah is neccesarily the best man for the job.

islam has laid down recommenedations for the khalifah.

some of these are.

he should be from al quraish

he should be scholar

he should be of strong character,

he should be kind and compassionate to all citiezens of state (muslim or non-muslim).

etc

hence the ummah has the right to elect the khailfah through the process of bayah ( this is distinct from democracy where the issue is not so much so electing a leader as it is instead an issue of voting for a party that will pursue policies and laws which the people want. thereby making man sovereign, not Allah. and his commands).

on the question of sunah.

the sunah is the words, actions or the consent of the prophet (through an action being done or said in his presence and he remained silent).

the sunnah is transmitted to us via hadiths (lit reports).

there are various reports of what the prophet said, done, or consented too,.

throughout history some people tried fabricating hadith. hence from a very early age of islam

the science of hadith was established ulum al hadith.

which was a method used to verify hadith of the prophet.

hence today there are 4 main forms of hadith

1 muttawatir (100$ accurate)

2sahih , like bukhari , muslim, ibn majah, tirmidhi etc (95-99% accurate).

3 hasan (50% accurate)

4 daif (weak hadith 20-20% accurate/authenticated evidence).

hence it is very important to strive to follow the strongest evidences on any matter.

and i always endevour to give references for all my islamic views so that people can verify the authenticuty of the evidences for themselves.

Zahra #134

Oh that was ``Barak``

Who is happy sans teeth, sans memory.

People on this forum are justifying killing and raping of Kashmiris.

Justification does not mean that person is sane.